IN THE CASE OF:	

		BOARD DATE:	  21 January 2010


		DOCKET NUMBER:  AR20090012379 


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 daughter of the deceased former service member (FSM), requests correction of her father's record to show award of the Combat Infantryman Badge (CIB) and the Bronze Star Medal (BSM).

2.  The applicant states that her father was killed in action (KIA) in World War II (WWII) in the Battle of the Bulge.  She adds that he was attached to the 424th Infantry and served with the 106th Infantry Division in Belgium.  She offers that it is her understanding that all members of the FSM's unit were entitled to the BSM because of their combat service during the Battle of the Bulge.  The applicant of the deceased FSM maintains that she and her mother received nothing more than the award of the Purple Heart after the FSM's death.

3.  The applicant provides numerous documents to verify her identity, a Western Union Telegram, and a letter from the War Department.

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 FSM's military records are not available to the ABCMR for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the FSM's records were lost or destroyed in that fire.  However, there were sufficient documents available for the ABCMR to conduct a fair and impartial review of this case.

3.  A Western Union telegram, dated 26 January 1945, notified the FSM's wife that he had been reported missing in action in Germany since 16 December 1944.

4.  A letter from the Adjutant General's Office, War Department, dated 20 May 1948, notified the FSM's wife that the records of the Department of the Army were amended to show that the FSM was KIA on 16 December 1944.  The letter also confirmed that the FSM's was assigned to the infantry.

5.  All the codes listed on the Office of the Surgeon General files cannot be deciphered.  However, this form does contain the FSM's serial number and shows his unit of assignment as the 424th Infantry.

6.  Information obtained from the National Archives database shows that the applicant was inducted into the Army on 2 March 1943.

7.  War Department Circular 269-1943 established the CIB 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 CIB was awarded for exemplary conduct in action against the enemy.  War Department Circular 186-1944 further provided that the CIB was to be awarded only to infantrymen serving with infantry units of brigade, regimental, or smaller size.  The Military Awards Branch of the U.S. Army Human Resources Command has advised in similar cases that during WWII the CIB 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), and

	h.  Gun crewman (864).

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The BSM is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service during that period was confirmed by documents executed prior to 1 July 1947.  An award of the CIB or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the BSM is to be awarded to individuals who were authorized either badge for service during WWII.

9.  Based on the dates of the applicant's military service and his subsequent assignment in the European theater, he is entitled to additional awards.

10.  Army Regulation 600-8-22, provides, in pertinent part, for award of the WWII Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

11.  Army Regulation 600-8-22, provides, in pertinent part, that the European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern theater between 7 December 1941 and 8 November 1945.  This medal is awarded to any service member who was permanently assigned in the theater, who was in a passenger status or on temporary duty for 30 consecutive days or 60 nonconsecutive days, who was in active combat against the enemy and was awarded a combat decoration, or who was furnished a certificate by the commanding general of a corps or higher unit or independent force showing that he actually participated in combat.

DISCUSSION AND CONCLUSIONS:

1.  Records show that the FSM was KIA on 16 December 1944.  The FSM held an infantry military occupational specialty and served in active ground combat while assigned to the 424th Infantry.  Therefore, he met all the requirements and is entitled to the award of the CIB.
2.  Based on the award of the CIB, the FSM is also entitled to the award of the BSM.  Therefore, orders should be issued to show this award.

3.  The evidence of record shows that the FSM is entitled to the WWII Victory Medal and the European-African-Middle Eastern Campaign Medal.  Therefore, he is entitled to correction of his records to show these awards.

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 issuing an appropriate document to show that the FSM was awarded the BSM, WWII Victory Medal, European-African-Middle Eastern Campaign Medal, and CIB.



      ____________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)                                         AR20090012379



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ABCMR Record of Proceedings (cont)                                         AR20090012379



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