IN THE CASE OF:	  

		BOARD DATE:	  8 March 2011

		DOCKET NUMBER:  AR20100021295 


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, the grandson of a deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show award of the Combat Infantryman Badge (CIB) and, if eligible, "battle stars" (formally known as bronze service stars) for the CIB.  The FSM's immediate next of kin, his widow, has authorized the applicant to act on her behalf.

2.  The applicant states the FSM was a World War II veteran who served as a forward artillery observer and received the Bronze Star Medal (BSM).  Even though the FSM's duty put him with and even ahead of the front line infantry, he was considered ineligible for the CIB because he was technically attached to the artillery.  The FSM always thought this was a great injustice.  His discharge shows he was a member of the 102d Infantry Division, which makes the family question why he was never awarded the CIB.

3.  The applicant provides:

* the FSM's WD AGO Form 53-55
* the FSM's Certificate of Death
* a newspaper clipping reporting award of the BSM to the FSM
* birth and marriage certificates confirming his relationship to the FSM


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 record is not available to the ABCMR 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.  This case is being considered using the WD AGO Form 53-55 and documents provided by the applicant.

3.  The FSM was inducted into the Army of the United States on 16 November 1942 and he entered active service on 30 November 1942.  He was honorably discharged on 6 January 1946 by reason of demobilization.

4.  His WD AGO Form 53-55 shows in:

* item 4 (Arm or Service) the entry Field Artillery
* item 6 (Organization) the entry Battery C, 379th Field Artillery Battalion
* item 30 (Military Occupational Specialty and No.) the entry "Radio Oper[ator] Low Speed 776"
* item 32 (Battles and Campaigns) the entry Rhineland and Central Europe
* item 33 (Decorations and Citations) the:

* BSM
* [Army] Good Conduct Medal
* [World War II] Victory Medal
* American Theater Campaign Ribbon
* European African Middle Eastern Campaign Ribbon

* item 36 (Service Outside the Continental U.S. and Return) the entry ETO [European Theater of Operations] from 24 September 1944 to
22 December 1945

5.  The record is void of documentation showing the FSM was awarded the CIB or that he served in an infantry military occupational specialty while assigned to an infantry unit.

6.  The U.S. Army Center of Military History provides on its website the order of battle for U.S. Army divisions in the European theater during World War II.  The order of battle for the 102d Infantry Division shows the 379th Field Artillery Battalion was one of four field artillery battalions assigned to the division.

7.  Army Regulation 600-8-22 (Military Awards) states the CIB was established during World War II to provide special recognition of the unique role of the Army infantryman, the only Soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain.  The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen.  In developing the CIB, the War Department did not dismiss or ignore the contributions of other branches, such as field artillery.  Their vital contributions to the overall war effort were noted, but it was decided that other awards and decorations were sufficient to recognize their contributions.  From the beginning, Army leadership has taken care to retain the badge for the unique purpose for which it was established.  The War Department received requests to award the CIB to non-infantry individuals and units employed as infantry during tactical emergencies.  All of those requests were disapproved based on the fact that the regular infantryman lived, slept, ate, and fought as an infantryman on a continuous and indefinite basis without regard to the tactical situation.

8.  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 holders of the CIB received a monthly pay supplement known as combat 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 CIB 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)

9.  Army Regulation 600-8-22 states the European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern Theater between 7 December 1941 and 8 November 1945.  This medal is awarded to any service member who was permanently assigned in the theater, who was in a passenger status or on temporary duty for 30 consecutive days or 60 nonconsecutive days, or who was in active combat against the enemy and was awarded a combat decoration, or who was furnished a certificate by the commanding general of a corps or higher unit or independent force showing that he actually participated in combat.  This regulation further states a bronze service star is authorized for wear on the European-African-Middle Eastern Campaign Medal for participation in each credited campaign.

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

11.  Army Regulation 600-8-22 (Military Awards) states the Army of Occupation Medal with Germany Clasp is awarded for qualifying service between 9 May 1945 and 5 May 1955.  Service between 9 May 1945 and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.  

12.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for World War II.  The 379th Field Artillery Battalion was credited with occupation duty credit for Germany during the period 2 May to 12 June 1945.

13.  Department of the Army Pamphlet 672-1 shows the FSM's unit was cited for award of the Distinguished Unit Citation (now called the Presidential Unit Citation (PUC)) for the period 23 - 24 February 1945 by War Department General Order (WDGO) Number 16, dated 1947.


DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the FSM served as a radio operator in a field artillery battalion during his service in the ETO.  Although the FSM's battalion was subordinate to the 102nd Infantry Division, the FSM did not meet the basic criterion of being an infantryman serving with an infantry unit of brigade, regimental, or smaller size.  Accordingly, the FSM was not then and is not now entitled to award of the CIB.

2.  The FSM was awarded the European-African-Middle Eastern Campaign Medal.  His WD AGO Form 53-55 show he participated in two campaign phases during World War II.  Therefore, the FSM's WD AGO Form 53-55 should be corrected to show the European-African-Middle Eastern Campaign Medal with two bronze service stars.

3.  The FSM's unit received occupation credit and he was awarded the European-African-Middle Eastern Campaign Medal for service before 9 May 1945.  Therefore, the FSM's WD AGO Form 53-55 should be corrected to show Army of Occupation Medal with Germany Clasp.

4.  General orders confirm the FSM's unit was awarded the PUC.  Therefore, his WD AGO Form 53-55 should be corrected to show this unit award.

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.  deleting from item 33 of the FSM's WD AGO 53-55 the European African Middle Eastern Campaign Ribbon, and


	b.  adding to item 33 of the FSM's WD AGO Form 53-55 the:

* European-African-Middle Eastern Campaign Medal with two bronze service stars
* Army of Occupation Medal with Germany Clasp
* Presidential Unit Citation

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 Combat Infantryman 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)                                         AR20100021295



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ABCMR Record of Proceedings (cont)                                         AR20100021295



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