IN THE CASE OF:	  

		BOARD DATE:	  8 October 2009

		DOCKET NUMBER:  AR20090009116 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant, the widow of a deceased former service member (FSM), requests correction of the WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) of her late husband by adding the Combat Infantryman Badge (CIB) and a "Century Division Rangers Certificate of Proficiency." 

2.  The applicant states, in effect, that the FSM was awarded the CIB and Certificate of Proficiency while on active duty. 

3.  The applicant provides the deceased FSM's State of New Jersey Certificate of Death, his WD AGO Form 53-55, a photocopy of a CIB, and a Ranger Certificate of Proficiency in support of the application.  

CONSIDERATION OF EVIDENCE:

1.  The FSM's military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records which primarily consist of the FSM's WD AGO Form 53-55, a WD AGO Form 372A (Final Pay Record), Office of the Surgeon General (OTSG) Hospital Admission Record Report, and the documents provided by the applicant.
2.  The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 11 December 1942 and he entered active duty on 18 December 1942.  It confirms he served on active duty for 2 years, 11 months, and 26 days until 6 December 1945, at which time he was honorably separated  in the rank of private first class (PFC).  Item 30 (Military Occupational Specialty and No.) contains the entry "Antitank Gun Crewman 610" and item 31 (Military Qualifications) shows he qualified as a marksman with the Carbine rifle.  Item 31 does not list the CIB as a qualification.  

3.  The FSM's WD AGO Form 53-55 also shows he served in the European Theater of Operations (ETO) from 15 July 1944 to 22 November 1945, and that he was assigned to Company C, 134th Ordnance Battalion at the time of his separation.  Item 32 (Battles and Campaigns) shows he participated in the Normandy, Northern France, Rhineland, and Central Europe campaigns of World War II.  

4.  Item 33 (Decorations and Citations) of the deceased FSM's WD AGO Form 53-55 lists the following awards he earned during his active duty tenure:  American Theater Ribbon, European-African-Middle Eastern Campaign Medal, Army Good Conduct Medal, Purple Heart, and World War II Victory Medal.  Item 34 (Wounds Received in Action) contains the entry "ETO  30 SEPT 44" indicating the deceased FSM was wounded in action while serving in the European Theater of Operations on 30 September 1944.  

5.  The deceased FSM's reconstructed record contains a WD Form 372 A (Final Pay – Worksheet) that shows he was receiving combat infantry pay at the time of his separation and an OTSG hospital admission record that shows he was serving in the infantry when he was wounded in action in September 1944.  

6.  The applicant provides a Century Division Rangers Certificate of Proficiency which shows the FSM was designated a "Century Division Ranger" on 14 March 1944.  It also shows that he was assigned to the 398th Infantry Regiment at that time.

7.  War Department Circular 269, dated 27 October 1943, established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy.  War Department Circular 186, dated 1944, further provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.  Additionally, World War II holders of the Combat Infantryman Badge received a monthly pay supplement known as combat infantry pay and holders of the Expert Infantryman Badge were entitled to expert infantry pay.  Therefore, Soldiers had economic as well as intangible reasons to ensure that their records were correct.  Thus, pay records are frequently the best available source to verify entitlement to this award.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 3-13 of this regulation outlines the criteria for award of the Bronze Star Medal (BSM).  Paragraph 3-13d(2) states, in pertinent part, that the BSM is authorized to members of the Armed Forces of the United States who, after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945, inclusive, or whose meritorious achievement was otherwise confirmed by documents executed prior to 1 July 1947.  This paragraph also stipulates that for this purpose, an award of the CIB is considered as a citation in orders.

9.  Section IV, paragraph 8-48 of the awards regulation contains guidance on award of the Ranger Tab.  It states, in effect, that a member may be awarded the Ranger Tab if they were awarded the CIB while serving in a Ranger unit during World War II. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the deceased FSM's WD AGO Form 53-55 should be corrected to show the CIB and Century Division Rangers Certificate of Proficiency has been carefully considered and found to have merit.  

2.  By regulation, a Soldier must be an infantryman satisfactorily performing infantry duties, assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat to be awarded the CIB.  

3.  The evidence of record confirms that the FSM was serving in an infantry unit when he was identified a battle casualty and awarded the Purple Heart, as evidenced by the entries contained on the OTSG hospital admission record in his reconstructed record.

4.  The evidence further confirms the FSM was receiving combat infantry pay at the time of his separation, which was only authorized to holders of the CIB, as evidenced by the WD Form 372 A contained in the deceased FSM's reconstructed record.  Therefore, it is clear the FSM was serving as an infantryman at the time he was wounded in action, which resulted in his being awarded the Purple Heart.  Thus, it is reasonable to conclude the FSM met the regulatory criteria for award of the CIB while serving in the ETO and as a result, the CIB should be awarded and added to his WD AGO Form 53-55 at this time.

5.  The applicant is advised that there were and are no regulatory provisions that provide for adding certificates to separation documents.  However, the Century Division Rangers Certificate of Proficiency that the applicant provided will be added to the deceased FSM's reconstructed record.  Further, given the certificate confirms he completed Ranger training and he was designated a qualified Ranger, it is reasonable to presume he moved to and initially served in a Ranger unit (Century Division Rangers) in the ETO.  It is also likely, since the OTSG hospital report on file shows he was serving with an infantry unit when he was wounded in action in September 1944, that he initially served as a Ranger in the ETO and he was serving in that capacity when he earned eligibility for the CIB.  Therefore, it would also be appropriate and serve the interest of justice and equity to award the designated FSM the Ranger Tab and to add it to his WD AGO Form 53-55 at this time.

6.  Further, the evidence shows that based on the FSM having qualified for the CIB, he meets the regulatory criteria that provides for awarding the BSM to members who received the CIB during World War II.  Therefore, it would be appropriate to award the deceased FSM the BSM based on his exemplary conduct in ground combat against an armed enemy in the ETO between 15 July 1944 and 2 September 1945, and by adding it to his WD AGO Form 53-55 at this time.

7.  The evidence also shows that based on his campaign participation in the ETO, the FSM is eligible for 4 bronze service stars to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal and it would also be appropriate to add this award to his WD AGO Form 53-55 at this time.

BOARD VOTE:

____x____  ____x____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  deleting from item 33 of deceased FSM's WD AGO Form 53-55 the European-African-Middle Eastern Campaign Ribbon;
   
	b.  awarding the deceased FSM the Combat Infantryman Badge, effective
30 September 1944;

	c.  awarding the deceased FSM the Bronze Star Medal based on award of the Combat Infantryman Badge, effective 30 September 1944;

	d.  awarding the deceased FSM the Ranger Tab, effective 14 March 1944;

	e.  adding to item 33 of the deceased FSM's WD AGO Form 53-55 the Bronze Star Medal, Combat Infantryman Badge, Ranger Tab, and the European-African-Middle Eastern Campaign Medal with 4 bronze service stars; and

	f.  providing the applicant a correction to the deceased FSM's WD AGO Form 53-55 that includes these changes.




      ___________x____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090009116



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ABCMR Record of Proceedings (cont)                                         AR20090009116


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