IN THE CASE OF:	  

		BOARD DATE:	  31 August 2010

		DOCKET NUMBER:  AR20100009339 


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 record of her late father, a former service member (FSM), be corrected to show the Combat Infantryman Badge (CIB), Battle Combat Medal, Bronze Star Medal (BSM), World War II (WWII) Victory Medal, and all other awards to which he was entitled.

2.  The applicant states, in effect, that the FSM:

a. landed in Normandy and should have received the CIB, Battle Combat
Medal, and BSM;

b. fought the enemy because he was a proud American;

c. received the WWII Victory Medal, but it is not listed on his
DD Form 214;

d. met the criteria for the awards in question based on his World War II
service.

3.  The applicant provides the following:

* WD AGO Form 53-55 (Enlisted Record and Report of Separation)
* Certificate of Death
* Certificate of Live Birth
* Victory Order of the Day dated 8 May 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 FSM's military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed his records were lost or destroyed in that fire.  This case is being considered using the FSM's NPRC reconstructed file that primarily consists of the applicant’s WD AGO Form 53-55.

3.  The FSM's separation document shows he was inducted into the Army of the United States and entered active duty on 29 November 1942.  He continuously served on active duty for 2 years, 10 months, and 22 days until he was honorably separated on 12 October 1945.  The WD AGO Form 53-55 shows he held military occupational specialty "502" (Administrative Noncommissioned Officer (NCO)) at the time he separated.

4.  The FSM’S WD AGO Form 53-55 shows that he served in the European African Middle Eastern (EAME) Theater of Operations from 4 September 1943 until 23 September 1945 and that he was assigned with the 4184th Quartermaster Service Company during that time.  It also shows that he participated in the Normandy campaign and that he earned the following awards during his tenure on active duty:

* EAME Campaign Medal 
* Army Good Conduct Medal (AGCM)

5.  There are no documents in the FSM’s NPRC file or that the applicant provides that indicate he was ever recommended for or awarded the CIB or BSM during his active duty tenure.

6.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Chapter 8 contains guidance on awarding the CIB.  It states, in pertinent part, that there are basically three requirements for the CIB.  The Soldier must hold an infantry MOS; must serve with an infantry unit of brigade, regimental, or smaller size; and must be personally present and participate with his unit while it is engaged in active ground combat with the enemy.

7.  The Military Awards Branch of the United States Army Human Resources Command has advised in similar cases that during World War II the CIB was normally awarded 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); and Gun crewman (864).

8.  Army Regulation 600-8-22, paragraph 3-13 provides guidance on award of the Bronze Star Medal (BSM).  Paragraph 3-13d(2) states, in effect, that the BSM is authorized to members of the Armed Forces of the United States who, after     6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945.  This paragraph also stipulates that for this purpose, an award of the CIB is considered as a citation in orders.

9.  Army Regulation 600-8-22 does not list a “Battle Combat Medal.”

10.  Paragraph 5-12 of the awards regulation contains guidance on the WWII Victory Medal.  It states that it is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

11.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  This source confirms that during his tenure of assignment, the FSM’s unit (4184th Quartermaster Service Company) was credited with participating in the Normandy (6 June – 24 July 1944 and Northern France (25 July – 14 September 1944) campaigns of WWII.

12.  Title 10, U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

13.  The 10 USC 1130 award request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  Commander, US Army Human Resources Command, 1600 Spearhead Division Avenue, Department 100, Fort Knox, Kentucky 40122-5100.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow 
Soldiers who had personal knowledge of the circumstances and events relative 
to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the FSM’s record should be corrected to add the CIB, Battle Combat Medal, BSM, WWII Victory Medal, and all other awards to which he is entitled.

2.  Based on the FSM’s WWII service and campaign participation, he is entitled to the WWII Victory Medal and two bronze service stars with his EAME Campaign Medal.  Thus, his WD AGO Form 53-55 should be corrected to include these awards.

3.  By regulation, in order to support award of the CIB, a Soldier must hold an infantry MOS and serve with a qualifying infantry unit of brigade, regimental, or smaller size while that unit participated or was engaged in active ground combat with the enemy.  In this case, the evidence shows the FSM did not serve in a qualifying infantry unit.

4.  The Battle Combat Medal is not an authorized award issued by or included in the Department of the Army’s list of official awards.  Thus, there is no basis upon which to grant this portion of the requested relief.

5.  The available evidence in this case is void of any orders or other documents that indicate the FSM was ever recommended for or awarded the BSM by proper authority while serving on active duty, or that he was ever cited in orders (CIB) or received a certificate for exemplary conduct in ground combat against an armed enemy during World War II.  Therefore, absent any evidence confirming his eligibility for the BSM based upon the award of the CIB, the regulatory criteria necessary to support award of the BSM has not been satisfied in this case and it would not be appropriate or serve the interest of all those who served during World War II and who faced similar circumstances to grant the requested relief in this case.

6.  While the available evidence is insufficient for awarding the FSM the BSM, this in no way affects the applicant’s right to pursue her claim for the BSM on behalf of the FSM by submitting a request through her Member of Congress under the provisions of 10 USC 1130.

7.  The applicant and all others concerned should know that this action related to award of the CIB and BSM in no way diminishes the sacrifices made by the FSM in service to our Nation.  The applicant and all Americans should be justifiably proud of the FSM’s service in arms.

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 the World War II Victory Medal and two bronze service stars with his European African Middle Eastern Campaign Medal to his WD AGO Form 53-55; and by issuing a correction to the WD AGO Form 53-55 that reflects these awards.


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 adding the Combat Infantryman Badge, Battle Combat Medal, and Bronze Star Medal to the FSM’s WD AGO Form 53-55.




      _______ _   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)                                         AR20100009339





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ABCMR Record of Proceedings (cont)                                         AR20100009339



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