BOARD DATE:	  15 October 2009

		DOCKET NUMBER:  AR20090009315 


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 defers his request to counsel.

2.  The applicant defers his statement to counsel.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation), dated 25 January 1945, and a copy of a Durable Power of Attorney, dated 3 October 2005, in support of his request.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests the applicant be awarded the Combat Infantryman Badge.

2.  Counsel states, in effect, that the applicant held an infantry specialty and was assigned to an infantry unit during his service in World War II (WWII).  He also participated in the France and Italian campaigns during WWII and was awarded the Purple Heart.

3.  Counsel did not provide any additional documentary evidence in support of the applicant's request.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’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 in 1973.  It is believed that the applicant’s 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.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 2 July 1943 and entered active duty at Camp Shelby, MS, on 16 July 1943.  This form also shows that at the time of his separation, the applicant held military occupational specialty (MOS) 745 (Rifleman) and was assigned to Company C, 351st Infantry Regiment.  

4.  The applicant's WD AGO Form 53-55 shows he departed the United States on 21 April 1944 and arrived in the European Theater of Operations (ETO) and ultimately in Italy on 18 May 1944.  He departed the ETO on 17 October 1944 and arrived in the United States on 19 October 1944.  He completed 1 year and 26 days of continental service and 5 months and 28 days of foreign service.  He was honorably discharged on 25 January 1945.

5.  Item 31 (Military Qualifications and Date) of the applicant's WD AGO Form
53-55 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar. 

6.  Item 32 (Battles and Campaigns) of the applicant’s WD AGO Form 53-55 shows he participated in the France campaign and the Italian campaign during WWII.

7.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows he was awarded the Purple Heart and the European-African-Middle Eastern Campaign Ribbon Medal with one bronze service star.  

8.  Item 34 (Wounds Received in Action) of the applicant's WD AGO Form 53-55 contains the entry "26 September 1944, European Theater." 
9.  The information from the hospital admissions card created by the Office of the Surgeon General (OTSG) for the year 1945 shows the applicant suffered a compound fracture to his foot after being injured by enemy artillery shell fragments on 26 September 1944.

10.  War Department Circular 269-1943 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 186-1944 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.  The Military Awards Branch of the U.S. Army Human Resources Command, has advised in similar cases that, during World War II, the Combat Infantryman Badge was normally awarded only to enlisted individuals who served in the following positions:

   a.  Light machine gunner (604)			b.  Heavy machine gunner (605)
   c.  Platoon sergeant (651)					d.  Squad leader (653)
   e.  Rifleman (745)							f.  Automatic rifleman (746)
   g.  Heavy weapons NCO (812)			h.  Gun crewman (864)

11.  Review of the applicant's reconstructed records indicates his entitlements to additional awards which are not shown on his records.

12.  Army Regulation 600-8-22 (Military Awards) provides for award of the Bronze Star Medal to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.  It also provides for the wear of one bronze service star on the appropriate campaign or service medal for each credited campaign.



13. Item 55 (Remarks) of the applicant's WD AGO Form 53-55 shows he had no lost time and that his character as "Excellent."  Additionally, his reconstructed record is void of any lost time, nonjudicial punishment (NJP), or other derogatory information that would have disqualified him from receiving his first award of the Good Conduct Medal based on completion of qualifying service.

14.  Army Regulation 600-68 (Good Conduct Medal), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, after 7 December 1941, completed 1 year of continuous active Federal military service while the United States was at war.  The Good Conduct Medal was referred to at times as the Good Conduct Ribbon. 

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

16.  Army Regulation 600-8-22 provides, in pertinent part, that the American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

17.  Army Regulation 600-8-22 provides, in pertinent part, for award of the European-African-Middle Eastern Campaign Medal.  The regulation also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55.  This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Combat Infantryman Badge. 

2.  The evidence of record shows the applicant held an infantry MOS and was assigned to an infantry unit during WWII.  Furthermore, he was wounded in combat when he suffered a combat injury to his foot during an enemy artillery engagement on 26 September 1944 in the ETO.  Therefore, there is sufficient evidence to show he is entitled to award of the Combat Infantryman Badge and correction of his WD AGO Form 53-55 to show this award.  Additionally, based on his entitlement to award of the Combat Infantryman Badge, he is entitled to award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this award.

3.  The evidence of record shows that the applicant served a qualifying period for award of the World War II Victory Medal and the American Campaign Medal, neither of which is shown on his WD AGO Form 53-55; therefore, he is entitled to correction of his records to show these awards. 

4.  The applicant's records show he was awarded the European-African-Middle Eastern Campaign Medal.  Furthermore, his records show he participated in two campaigns during his service in WWII.  Therefore, he is entitled to award of one bronze service star to be affixed to his European-African-Middle Eastern Campaign Medal.

5.  The evidence of record confirms that the applicant served honorably during the period from 2 July 1943 to 25 January 1945.  He had an "Excellent" character rating, completed nearly 6 months of foreign service, was awarded the Purple Heart, and had no lost time during his military service.   Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his records to show this award.

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.  awarding the applicant the Combat Infantryman Badge and the Bronze Star Medal based upon award of the Combat Infantryman Badge, 

	b.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 2 July 1943 through 25 January 1945; and

	c.  adding the Good Conduct Medal (1st Award); the Combat Infantryman Badge, the Bronze Star Medal, the World War II Victory Medal, the American Campaign Medal, and two bronze service stars instead of one to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal to his WD AGO Form 53-55.



      _______ _   _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)                                         AR20090009315



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ABCMR Record of Proceedings (cont)                                         AR20090009315



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