BOARD DATE:	  29 April 2010

		DOCKET NUMBER:  AR20090017562 


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 the records of her late husband, a former service member (FSM), be corrected to show award of the Bronze Star Medal (BSM), Purple Heart, Presidential Unit Citation, bronze arrowhead device, Parachutist Badge with two battle jump stars (correctly known as bronze service stars), and Combat Infantryman Badge (CIB).

2.  The applicant states the FSM participated in the Normandy, Rhineland, Ardennes, and Central Europe campaigns and is entitled to the BSM, Purple Heart, Presidential Unit Citation, bronze arrowhead device, CIB, Parachutist Badge with two bronze service stars, and other awards not named.

3.  The applicant provides the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) and a self-authored statement 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 FSM'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 FSM'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.  The FSM's WD AGO Form 53-55 shows the following:

* inducted into the Army of the United States on 25 June 1943
* entered active duty on 9 July 1943
* assigned to Service Company, 505th Parachute Infantry Regiment
* the European theater of operations 5 June 1944 through 18 December 1945
* honorably discharged on 5 January 1946
* completed 2 years, 5 months, and 27 days of active military service

4.  Item 32 (Battles and Campaigns) of the FSM's WD AGO Form 53-55 shows the following:

* Normandy
* Ardennes
* Rhineland
* Central Europe

5.  Item 33 (Decorations and Citations) of the FSM's WD AGO Form 53-55 shows the following:

* European-African-Middle Eastern Theater Ribbon
* Army Good Conduct Medal
* Bronze Arrowhead
* Victory Medal

6.  Item 34 (Wounds Received in Action) of the FSM's 53-55 (Wounds Received in Action) shows "None."

7.  The FSM's available record contains War Department Forms 372 A and 372 B (Final Payment - Worksheet) which show the following:

* Combat Infantry Pay from 1 November 1945 through 5 January 1946
* Parachute Pay from 1 November 1945 through 31 December 1945

 8.  Item 41 (Service Schools Attended) of the FSM's WD AGO Form 53-55 shows the FSM attended Parachute Airborne Command training for 4 weeks.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

10.  War Department Circular 269-1943 established the CIB and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  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, World War II (WWII) holders of the CIB received a monthly pay supplement known as combat 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.

11.  Army Regulation 600-8-22 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.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility.  For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

13.  Army Regulation 600-8-22 provides that the Presidential Unit Citation is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Medal to an individual.

14.  Army Regulation 600-8-22 sets forth requirements for award of the basic Parachutist Badge.  Award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.  A bronze service star is authorized to be worn on the Soldier's Parachutist Badge if the Soldier's unit was awarded combat assault credit and the Soldier was assigned or attached to the unit at the time of assault.

15.  Army Regulation 600-8-22 sets forth requirements for award of the arrowhead device.  The arrowhead device is a bronze replica of an Indian arrowhead.  It denotes participation in a combat parachute jump or helicopter assault landing while assigned to a unit as a member of an organized force carrying out an assigned mission.  Only one arrowhead device will be worn on any ribbon.

16.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) was published to establish eligibility of individual members for campaign participation credit, assault landing credit, unit citations, and occupation duty credit for WWII and shows that the 505th Parachute Infantry Regiment received that following credits, citations, and commendations during the applicant's tenure:

* Presidential Unit Citation from 6 to 9 June 1944
* Meritorious Unit Commendation from 20 November 1944 to 20 January 1945 by General Orders Number 31, dated 20 February 1945
* occupation credit from 15 August through 31 October 1945
* assault landings for Normandy from 6 through 7 June 1944 by WD General Orders Number 116-46 and for Nijmegen Arnhem from 17 September 1944 by WD General Orders Number 70-45

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

18.  The evidence confirms the FSM participated in four designated campaign periods and as such is entitled to four bronze service stars for wear on his European-African-Middle Eastern Campaign Medal.

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 the FSM served a qualifying period of service in a qualifying infantry unit of brigade, regimental, or smaller size during this period as evidenced by his receipt of combat infantry pay, 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 FSM 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 also shows the FSM is entitled to the Presidential Unit Citation, Meritorious Unit Commendation, the Army of Occupation Medal with Germany Clasp, and, in lieu of the "Victory Medal," the WWII Victory Medal.

4.  The evidence of records shows the FSM participated in four campaigns. Therefore, he is entitled to have his record corrected to the four bronze service stars for wear on his already-awarded the European-African-Middle Eastern Campaign Medal.

5.  The current basic airborne course at the Infantry School, Fort Benning, Georgia, is 3 weeks.  The evidence shows the FSM completed a 4-week parachutist course and was assigned to a unit when it was credited with assault landings.  Therefore, it is reasonable to presume he satisfied the requirements necessary to qualify for the Parachutist Badge with two bronze service stars and it would be appropriate to add this award to his record at this time.

6.  The evidence of record shows the FSM was assigned to a unit that received assault landing credit for Normandy and Nijmegen Arnhem.  The FSM's WD AGO Form 53-55 shows he was awarded assaulting landing credit as evidenced by his bronze arrowhead device.  Therefore, he is entitled to have his records corrected to show the additional award of the bronze arrowhead device for his already-awarded European-African-Middle Eastern Campaign Medal.  However, only one bronze arrowhead device can be worn on the ribbon.

7.  Regrettably, there is no evidence of record and the applicant provides none to show the FSM was awarded the Purple Heart or was wounded as a result of hostile action.  Therefore, there is insufficient evidence on which to base correcting his records to show award of the Purple Heart.

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:

		a.  awarding the FSM the CIB and the BSM based on the CIB; and

		b.  deleting from the FSM's WD AGO Form 53-55 the European-African-Middle Eastern Theater Ribbon, the bronze arrowhead device, and the Victory Medal;

	c.  adding to the FSM's WD AGO Form 53-55 the CIB, BSM, European-African-Middle Eastern Campaign Medal with bronze arrowhead device (2nd Award) and four bronze service stars, Meritorious Unit Commendation, Presidential Unit Citation, Army of Occupation Medal with Germany Clasp, Parachutist Badge with two bronze service stars, and WWII Victory 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 award of the Purple Heart.



      ___________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)                                         AR20090017562



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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