IN THE CASE OF:	  

		BOARD DATE:	    21 October 2010

		DOCKET NUMBER:  AR20100009089


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 WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show the Combat Infantryman Badge, Bronze Star Medal, participation in the Ardennes-Alsace campaign, and an additional battle star [currently known as a bronze service star].

2.  In a self-authored statement, dated 28 January 2010, the applicant contends he was assigned to Company C, 1st Battalion, 318th Infantry Regiment, 80th Infantry Division.  Further, he was involved in many combat missions in towns in Luxembourg.  He was eventually evacuated to the 34th Evacuation Hospital with a severe case of trench foot and discharged on 27 July 1945.  He believes his awards were inadvertently omitted.  

3.  In support of his application, he provides a self-authored letter, WD AGO Form 53-55, Honorable Discharge Certificate, and Morning Reports from Company C, 318th Infantry Regiment for the period from 18 January 1945 to 
14 February 1945.

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 the applicant's records were lost or destroyed in that fire.  However, documents submitted by the applicant were sufficient for a fair and impartial review of this case.  

3.  His WD AGO Form 53-55 shows he was inducted into the Army of the United States on 25 July 1944.  He completed training and was assigned military occupational specialty 745 (Rifleman).  He served overseas in the European-African-Middle Eastern Theater of Operations from 7 January 1945 to 9 May 1945, with Company C, 318th Infantry Regiment, 80th Infantry Division.

4.  The Company Morning Report for Company C, 318th Infantry Regiment, dated 18 January 1945, reports that the applicant had been assigned and joined the 48th Replacement Battalion, as of 17 January 1945.  Company Morning Reports also show the applicant's unit conducted combat operations in and around Luxembourg reporting various types of casualties and events which included clearing the enemy, maintaining defensive positions, encountering heavy enemy resistance, and preparing to attack to the North. 

5.  On 14 February 1945, the Company Morning Report changed the applicant's duty status to sick and as lost to the 34th Evacuation Hospital as of 13 February 1945.  

6.  On 27 July 1945, he was honorably discharged in the rank of private and issued a Certificate of Disability for Discharge.

7.  Entries on his WD AGO Form 53-55 show he participated in the Rhineland Campaign.  He was awarded the European-African-Middle Eastern Campaign Medal with one bronze battle star.






8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows his unit, 318th Infantry Regiment, 80th Infantry Division was authorized the following campaign participation credit during his tour of duty:

* Ardennes-Alsace Campaign (16 December 1944 to 25 January 1945)
* Rhineland (15 September 1944 to 21 March 1945)

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 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.  Additionally, World War II holders of the Combat Infantryman Badge received a monthly pay supplement known as combat infantry pay and holders of the Expert Infantryman Badge were entitled to expert infantry pay.  Soldiers had economic as well as intangible reasons to ensure that their records were correct; therefore, 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 (USAHRC) has advised in similar cases that, during World War II, the Combat Infantryman Badge was normally awarded only to enlisted individuals who served in the following positions:

* Light machine gunner (604)
* Heavy machine gunner (605)
* Platoon sergeant (651)
* Squad leader (653)
* Rifleman (745)
* Automatic rifleman (746)
* Heavy weapons NCO (812)
* Gun crewman (864)

10.  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 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;

   b.  the WWII Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive;
   
   c.   a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  A silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his WD AGO Form 53-55 be corrected to show the Combat Infantryman Badge, Bronze Star Medal, Ardennes-Alsace campaign participation and an additional bronze service star.

2.  In regard to the award of the Combat Infantryman Badge, the evidence shows he was a rifleman serving in an infantry regiment.  Morning reports show the unit conducted combat operations in and around Luxembourg reporting various types of casualties and events which included clearing the enemy, maintaining defensive positions, encountering heavy enemy resistance, and preparing to attack to the North.  These entries support his contention he was engaged in direct enemy combat.  Therefore, his record should be corrected to show this award.

3.  Based on his award of the Combat Infantryman Badge, he is also entitled to award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this award.

4.  The morning reports and his WD AGO Form 53-55 confirm he was assigned to the 318th Infantry Regiment, 80th Infantry Division, and participated with the unit when it was authorized campaign credit for the Ardennes-Alsace and Rhineland campaigns during World War II.  Therefore, he is entitled to correction of his record to show one additional bronze service star for the Ardennes-Alsace campaign.  The Rhineland campaign is listed on his current form.

5.  In view of the foregoing, his records should be corrected as recommended below.






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 him the Combat Infantryman Badge and the Bronze Star Medal based upon award of the Combat Infantryman Badge; and 

	b.  adding to Item 32 of his WD AGO Form 53-55:

* Bronze Star Medal
* Combat Infantryman Badge
* Ardennes-Alsace Campaign
* one additional bronze service star to be affixed to his previously-awarded European-African-Middle Eastern Campaign Medal




      _______ _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)                                         AR20090007400



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ABCMR Record of Proceedings (cont)                                         AR20100009089


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