IN THE CASE OF:	  

		BOARD DATE:	  24 June 2010

		DOCKET NUMBER:  AR20090017369 


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 that he be awarded the Combat Infantryman Badge and his period of service be corrected.

2.  The applicant states he was in combat in Normandy for two days when he was wounded and transferred to a hospital in England.  Since he was wounded in combat, he would like to be awarded the Combat Infantryman Badge.  He would like his discharge document to accurately reflect his period of service.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Military Record and Report of Separation - Honorable Discharge).

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 service records were damaged and partially lost in the fire at the National Personnel Records Center in 1973.  However, there are sufficient records to allow the Board to conduct a fair and impartial review of this case.  

3.  His WD AGO Form 53-55 provides the following:

	a.  he entered active duty as a commissioned officer on 16 November 1943; 

	b.  served as an Infantry Unit Commander;

	c.  was promoted to captain;

	d.  was wounded in action on 11 July 1944 in the European Theater;

	e.  participated in the Rhineland and Normandy Campaigns;

	f.  was awarded the Purple Heart, European-African-Middle Eastern Campaign Medal, American Campaign Medal, World War (WW) II Victory Medal and Honorable Discharge Lapel Button; and 

	g.  he was released from active duty on 15 September 1946.

4.  His medical records show that he received a gunshot wound to his left shoulder in action against the enemy near St Lo, France at 1030 on 11 July 1944.  He was operated on with the removal of a foreign body at 1400 on 12 July 1944 and transferred to the evacuation center on 13 July 1944.  The exact date of return to his unit is not of record.

5.  His WD AGO Form 100 (Separation Qualification Record) shows:

* service from 9 July 1943 through 15 November 1943
* commissioned service from 16 November 1943 through 15 September 1946
* service in England and France for 25 months, one month of which was in combat
* assignment as a rifle platoon commander in Company G, 320th Infantry Regiment, 35th Infantry Division for 13 months, leading that platoon during the Normandy and Rhineland campaigns.   

6.  Following his release from active duty on 15 September 1946, he served in Army Reserve (USAR) and transferred to the inactive Reserve on 21 May 1951.  His ultimate date of separation from the USAR is not of record.

7.  The applicant does not specify what error in his period of service he would like corrected and available records do not show any post-WWII active duty service.

8.  Separation documents are prepared for Soldiers upon retirement, discharge, release from active duty service, or control of the Active Army.  During the applicant's period of service on active duty this document was the WD AGO Form 53-55.  During his post-WW II Reserve service, a DD Form 214 would have been prepared to reflect any periods of active duty.

9.  War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  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.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that during the period the applicant was assigned to G Company, 320th Infantry Regiment, 35th Infantry Division it is credited with participation in two campaigns, Normandy and Rhineland.  

11.  Army Regulation 600-8-22 (Military Awards) provides the following:

	a.  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 Combat Infantryman Badge is considered to be a citation in orders.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during WWII; and 

	b.  a bronze service star is authorized, 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 states he was in combat in Normandy for two days when he was wounded and transferred to a hospital in England.  Since he was wounded in combat, he would like to be awarded the Combat Infantryman Badge.  He would like his discharge document to accurately reflect his period of service. 

2.  The applicant served as an infantry platoon commander during the Normandy and Rhineland campaigns and was wounded in action with award of the Purple Heart.  Based on this service it is appropriate to award him the Combat Infantryman Badge.

3.  With award of the Combat Infantryman Badge during WW II, the applicant is also qualified for award of the Bronze Star Medal based on that award.  It is appropriate to correct the record to reflect this award.

4.  Based on the applicant's service during the Normandy and Rhineland campaigns, he is authorized to wear two bronze service stars on his European-African-Middle Eastern Campaign Medal.

5.  The applicant's WD AGO 53-55 correctly lists his period of active duty during WWII.  Any correction to show additional active duty or USAR service on this form is not appropriate.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ___X____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that in addition to the awards listed on the WD AGO Form 53-55, the applicant is also authorized award of the Bronze Star Medal and the Combat Infantryman Badge and to wear two bronze service stars on his European-African-Middle Eastern Campaign Medal.
2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to showing any additional periods of active duty service.



      ____________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)                                         AR20090017369



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ABCMR Record of Proceedings (cont)                                         AR20090017369



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