IN THE CASE OF:	

		BOARD DATE:	  4 February 2010


		DOCKET NUMBER:  AR20090013940 


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 requests correction of his record to show award of the Combat Infantryman Badge (CIB) and, in effect, award of the Prisoner of War (POW) Medal.

2.  The applicant states that he was awarded the CIB while assigned to Company L, 3rd Battalion, 351st Infantry Regiment, 88th Infantry Division, in Minturn, Italy, during World War II (WWII), but it is not shown on his separation document.  He also states that he was captured in the Po Valley in Italy on 14 February 1945 and released on 29 April 1945.

3.  The applicant provides a copies of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge); a memorandum from the National Personnel Records Center, dated 22 June 2009; Adjutant General and Standard Form 99 (Hometown News Release), dated 2 August 1945; a memorandum from the War Claim Commission, dated 16 August 1951; a Western Union telegram, dated 5 April 1945; and a registration form for recovered allied POW's in support of this application.

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 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 to conduct a fair and impartial review of this case.

3.  Documents available to the Board show that he was inducted into the Army of the United States on 5 February 1943 and entered active duty on 12 February 1943.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) 745 (Rifleman).

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

5.  Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55 shows he participated in the Rome-Arno campaign.

6.  The applicant's WD AGO Form 53-55 shows in item 36 (Service Outside Continental U.S. and Return) that he served in the European theater of operations (ETO) from 4 December 1943 through 29 April 1945 and that during his ETO tour he was assigned to Company L, 3rd Battalion, 351st Infantry Regiment, 88th Infantry Division, in MOS 745 as a rifleman.

7.  The applicant's available record contains a copy of a Western Union telegram, dated 2 March 1945, which shows that the applicant was reported as missing in action (MIA) on 14 February 1945.

8.  The applicant submitted a copy of a Western Union telegram, dated 5 April 1945, following an enemy propaganda broadcast from Germany stating that he was alright, but it was not established if he was a POW.

9.  The applicant submitted a copy of a registration form for recovered allied POW's which shows that the applicant was captured on 14 February 1945 and released on 29 April 1945.
10.  On 11 November 1945, the applicant was honorably discharged after completing a total of 2 years and 9 months of creditable active military service.  The WD AGO Form 53-55 he was issued shows he earned the following awards during his active duty tenure:  the Army Good Conduct Medal, Purple Heart, Distinguished Unit Badge [now known as the Presidential Unit Citation], American Theater Service Medal [now known as the American Campaign Medal], European-African-Middle Eastern Theatre Ribbon with one bronze service star, and the Lapel Button [now known as the Honorable Service Lapel Button - WWII].

11.  Item 31 of the applicant's WD AGO Form 53-55 does not show award of the CIB.

12.  Item 34 (Wounds Received in Action) of the applicant's WD AGO 
Form 53-55 shows that he was wounded in action on 23 July 1944 and on 9 October 1944.

13.  The applicant submitted a copy of a memorandum from the War Claims Commission, dated 16 August 1951, which shows that he was imprisoned or interned from 14 February 1945 through 29 April 1945.

14.  The applicant submitted a copy of a memorandum from the National Personnel Records Center, St. Louis, MO, which shows that he was authorized the Purple Heart, POW Medal, Army Good Conduct Medal, Presidential Unit Citation, American Campaign Medal, European-African-Middle Eastern Campaign Medal with one bronze service star, WWII Victory Medal, Honorable Service Lapel Button - WWII, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar.

15.  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.  Additionally, WWII holders of the CIB 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 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 noncommissioned officer (812), and

	h.  gun crewman (864).

16.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his WD AGO Form 53-55.

17.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal 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 Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during WWII.

18.  Army Regulation 600-8-22, paragraph 2-9, contains guidance on award of the POW Medal.  This paragraph states that the POW Medal was authorized on 8 November 1985 and is authorized for any person who while serving in any capacity with the U.S. Armed Forces was taken prisoner and held captive after 5 April 1917 while engaged in an action against an enemy of the United States.  This document also states that personnel officially classified as MIA are not eligible for award of the POW Medal.  The POW Medal will only be awarded when the individual's prisoner of war status has been officially confirmed and recognized as such by the Department of the Army.

19.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant served a qualifying period of service in a qualifying MOS in an infantry unit of brigade, regimental, or smaller size during this period; was wounded twice and received a Purple Heart; and was captured, presumably during battle, which is sufficient evidence for award of the CIB.  Therefore, he is entitled to correction of his records to show this award.

2.  Records show the applicant served a qualifying period of service for award of the BSM based upon award of the CIB.  Therefore, he is entitled to correction of his records to show this award.

3.  The evidence of record shows that the applicant was wounded twice in action. 
Therefore, he is entitled to a second award of the Purple Heart and to have his record corrected to show award of the Purple Heart with one oak leaf cluster.

4.  The evidence of record confirms that the applicant was reported MIA on 14 February 1945 and that he was held as a POW in Italy during WWII.  The evidence of record also shows that the applicant was returned to military control as a repatriated prisoner of Germany on 29 April 1945.  Based on the available evidence, it is reasonable to conclude that the applicant was held as a POW in Italy during the period 14 February 1945 to 29 April 1945.  Therefore, it would be appropriate to correct his records to show his POW status from 14 February 1945 to 29 April 1945.

5.  In view of the foregoing, and based on the fact that the applicant's POW status has been officially confirmed and recognized as such by the Department of the Army, the applicant is entitled award of the POW Medal.  Therefore, his records should be corrected to show award of the POW Medal.

6.  Records show the applicant served a qualifying period of service for award of the WWII Victory Medal.  Therefore, he is entitled to correction of 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 Purple Heart with one oak leaf cluster, the CIB, the BSM based on the CIB, and the POW Medal;

	b.  adding to item 33 of the applicant's WD AGO Form 53-55 the BSM, the Purple Heart with one oak leaf cluster, the POW Medal, the WWII Victory Medal, and the CIB;

	c.  adding to item 55 (Remarks) of the applicant's WD AGO Form 53-55 the entry, "POW:  14 February 1945 to 7 April 1945"; and

	d.  providing the applicant a correction to his separation document 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)                                         AR20090013940



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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