IN THE CASE OF:	  

		BOARD DATE:	  25 May 2010

		DOCKET NUMBER:  AR20090019242 


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 all of his awards, including the Purple Heart, the Bronze Star Medal, the Combat Infantryman Badge, and the World War II Victory Medal be entered on his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge).

2.  The applicant states his WD AGO Form 53-55 does not show the Purple Heart, the Bronze Star Medal, the Combat Infantryman Badge, or the World War II Victory Medal.

3.  The applicant provides copies of his WD AGO Form 53-55 and a DA Form 1577 (Authorization for Issuance of Awards), dated 11 January 1996.

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 personnel records were lost or destroyed in a fire at the National Personnel Records Center in 1973.  The records available to the Army Board for Correction of Military Records were provided in part by the applicant and also obtained from alternate sources and are sufficient for the Board to conduct a fair and impartial review of this case.  The primary record available to this Board is the applicant's WD AGO Form 53-55.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 23 March 1943 and entered active duty on 30 March 1943.

4.  The applicant arrived in the European theater of operations (ETO) on 11 June 1944 and departed the ETO on 13 March 1945.

5.  Item 6 (Organization) of the applicant's WD AGO Form 53-55 shows his unit as Headquarters Company, 2nd Battalion, 504th Parachute Infantry.

6.  Item 30 (Military Occupational Specialty and Number) of the applicant's WD AGO Form 53-55 indicates his military occupational specialty (MOS) as Light Machine Gunner (604).

7.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 lists the European-African-Middle Eastern Theatre Ribbon with two bronze battle stars and the Army Good Conduct Ribbon.

8.  Item 34 (Wounds Received in Action) of the applicant's WD AGO Form 53-55 shows he was wounded in France on 22 December 1944.

9.  Item 37 (Total Length of Service) of the applicant's WD AGO Form 53-55 shows he served 1 year, 5 months, and 7 days in the continental United States.

10.  On 23 June 1945, the applicant was discharged with a Certificate of Disability.

11.  A health record research project, commonly referred to as the "Surgeon General's Office (SGO) files," involved transposing the hospital admission card data from the periods of World War II and the Korean War onto magnetic tape.  These files show the applicant was admitted on 22 December 1944 with a battle injury to his knee.  His unit number in this file is shown as "504."  The final disposition is shown as "discharge or retired for disability, line of duty, yes."

12.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for World War II.  This document shows the 504th Parachute Infantry Regiment was awarded the:

* Netherlands Orange Lanyard - 17 September-4 October 1944
* Belgian Fourragere - 17-31 December 1944 and 1-23 January 1945

13.  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.  The U.S. Army Human Resources Command Awards Branch has advised in similar cases that during World War II, the Combat Infantryman Badge was normally awarded only to enlisted individuals who served in one of eight MOS's, one of which was Light Machine Gunner (604).

14.  Army Regulation 600-45 (Decorations), which governed the award of Army decorations until 23 August 1951, stated for the purpose of considering an award of the Purple Heart, a "wound" is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  An "element" pertains to weather and the award of this decoration to personnel who were severely frostbitten while actually engaged in combat is authorized.

15.  Army Regulation 600-8-22 (Military Awards) states 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 or the Combat Medical Badge is considered to be a citation in orders for the Bronze Star Medal.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

16.  Army Regulation 600-8-22 states 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, duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, 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 1 year.

17.  Army Regulation 600-8-22 states the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

18.  Army Regulation 600-8-22 provides for award of the Belgian Fourragere.  This regulation states that it may be awarded by the Belgian government when a unit has been cited twice in the Order of the Day of the Belgian Army.  The award of the Belgian Fourragere is not automatic, but must be by special decree of the Belgian government.  Persons who were present in only one action are not authorized to wear the Fourragere.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends all of his awards, including the Purple Heart, the Bronze Star Medal, the Combat Infantryman Badge, and the World War II Victory Medal should be entered on his WD AGO Form 53-55.

2.  Item 34 of the applicant's WD AGO Form 53-55 and the SGO files confirm the applicant was wounded while in action in the face of an armed enemy or as a result of a hostile act of such enemy.  Therefore, he is entitled to the Purple Heart.

3.  The applicant's WD AGO Form 53-55 shows his unit as 2nd Battalion, 504th Parachute Infantry and the SGO files show his unit number as 504 (504th Parachute Infantry).  He held the MOS of Light Machine Gunner (604).   In addition, the evidence shows he received the Army Good Conduct Medal for his period of service and he was wounded in action.  Therefore, the preponderance of evidence in this case shows the applicant displayed exemplary conduct in action against the enemy while assigned to an infantry unit smaller than a regiment.  Therefore, the applicant is entitled to the award of the Combat Infantryman Badge.

4.  The applicant was discharged prior to the provision that authorized award of the Bronze Star Medal based on award of the Combat Infantryman Badge.  Therefore, he is entitled to the award of the Bronze Star Medal based on award of the Combat Infantryman Badge.

5.  The applicant served within the continental United States for over 1 year between 7 December 1941 and 2 March 1946.  Therefore, he is authorized the American Campaign Medal.

6.  The applicant arrived in the ETO on 11 June 1944, his most significant unit is shown as the 504th Parachute Regiment, and the SGO files show his unit as the 504th Parachute Regiment.  Therefore, it is reasonable to conclude the applicant was assigned to the 504th Parachute Regiment from the time he arrived in the ETO until he departed.  Therefore, there is sufficient evidence to show he is authorized the Netherlands Orange Lanyard.

7.  The applicant's unit was cited twice for the award of the Belgian Fourragere.  However, based on the final disposition listed in the SGO files, it is not likely he was present for the second action.  Therefore, there is insufficient evidence to show his eligibility for the Belgian Fourragere.

8.  Based on the applicant's service between 7 December 1941 and 31 December 1946, he is authorized the World War II Victory Medal for this award to be added to his WD AGO Form 53-55.

BOARD VOTE:

____X___  ____X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the:

* Bronze Star Medal
* Purple Heart for wounds received on 22 December 1944
* Combat Infantryman Badge

2.  Board also recommends that all Department of the Army records of the individual concerned be corrected by amending item 31 (Military Qualifications and Date) of the applicant's WD AGO Form 53-55 to show he was awarded the Combat Infantryman Badge.

3.  Board also recommends that all Department of the Army records of the individual concerned be corrected by amending item 33 to show he was awarded or is authorized the:

* Bronze Star Medal
* Purple Heart for wounds received on 22 December 1944
* Combat Infantryman Badge
* American Campaign Medal
* World War II Victory Medal
* Netherlands Orange Lanyard



      ____________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)                                         AR20090019242



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ABCMR Record of Proceedings (cont)                                         AR20090019242



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