IN THE CASE OF:	  

		BOARD DATE:	  24 June 2010

		DOCKET NUMBER:  AR20100000081 


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 his brother, a deceased former service member (FSM), be corrected to reflect award of the Combat Infantryman Badge and a marksmanship badge.

2.  The applicant states his brother died in combat on 25 November 1944.  He is requesting these awards based on his brother's service as an infantryman in combat during World War II.

3.  The applicant provides a copy of a newspaper article which shows three of his brothers as having served in the military during World War II and a National Archives record of service 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 possible that the FSM's records were lost or destroyed in that fire.  However, the FSM's War Department Report of Death is available and provides sufficient information to conduct a fair and impartial review of this case.

3.  The FSM's available information shows he entered military service on 
23 February 1943 and was killed in action in the European theater on 25 November 1944.  The report notes the FSM was serving in the infantry at the time of his death.

4.  The newspaper article provided by the applicant notes the FSM had been overseas with the infantry for 3 months when he was killed in France.

5.  On 11 May 2009, U.S. Army Human Resources Command, Alexandria, Virginia, published Permanent Order Number 131-14 which awarded the FSM the Purple Heart (Posthumous) for wounds received as a result of hostile actions on 25 November 1944.

6.  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.

7.  Army Regulation 600-8-22 (Military Awards) sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification should be shown as:  Expert Marksmanship Qualification Badge with Rifle Bar or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

8.  Army Regulation 600-8-22 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.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his late brother should be awarded the Combat Infantryman Badge and a marksmanship badge.

2.  The available information shows the FSM served in the infantry during World War II and was killed in action while in the European Theater.  Therefore, it appears the FSM met the criteria for award of the Combat Infantryman Badge and his records should be corrected to show this award.  

3.  Based on award of the Combat Infantryman Badge, the FSM met the criteria for award of the Bronze Star Medal.  Therefore, his records should be further corrected to show this award.

4.  The absence of the FSM's records makes it impossible to determine the degree (Expert, Sharpshooter or Marksman) the FSM attained during the weapons qualification course.  Therefore, award of a marksmanship badge cannot be supported.

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 adding award of the Combat Infantryman Badge and the Bronze Star 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 awarding a marksmanship badge.




      _______ _   _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)                                         AR20100000081



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR2010