BOARD DATE:	  28 April 2011

		DOCKET NUMBER:  AR20100025408 


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, in effect, award of the Parachutist Badge with bronze service star, European-African-Middle-Eastern Campaign Medal with "arrowhead" Device and one bronze service star, Combat Infantryman Badge, and all other awards and decorations he is authorized.

2.  The applicant states that he was assigned to Headquarters Company,
501st Infantry Regiment, 101st Airborne Division, and he participated in an airborne assault landing into Normandy, France, on 6 June 1944.  He states that Soldiers during World War II had many additional jobs, but they all served as infantryman.  He adds he was awarded the Purple Heart and requests a Purple Heart Certificate.

3.  The applicant provides copies of his discharge document, two newspaper articles, and page 301 of Department of the Army Pamphlet (DA Pam) 672-1 (Unit Citation and Campaign Participation Credit Register).

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 service records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) shows he enlisted and entered active service in the Army of the United States on 1 April 1942 and he was honorably discharged on
29 November 1945.  He completed 5 months and 1 day of foreign service.
It also shows in:

   a.  item 6 (Organization) he was assigned to Headquarters Company,
501st Infantry Regiment, 101st Airborne Division;

   b.  item 30 (Military Occupational Specialty [MOS] and Number) - "Clerk General 055";

   c.  item 31 (Military Qualification and Date) the Marksman Marksmanship Qualification Badge with (M-1 Rifle), .30 caliber Machinegun, .45 caliber Pistol, and Carbine Rifle;

   d.  item 32 (Battles and Campaigns) the Normandy campaign;

   e.  item 33 (Decorations and Citations) the Good Conduct Medal, American Campaign Medal, European-African-Middle Eastern Campaign Medal with one bronze service star, World War II Victory Medal, and Purple Heart;

   f.  item 34 (Wounds Received In Action) - "Wounded 6 June 44 in Normandy, France";

   g.  item 36 (Service Outside Continental U.S. and Return) he departed the U.S. on 5 February 1944, arrived in the European Theater of Operations (ETO) on 17 February 1944, departed the ETO on 3 July 1944, and arrived in the U.S. on 5 July 1944; and


   h.  item 41 (Service Schools Attended) the 4-week Infantry Parachute School, Fort Benning, Georgia.

4.  In support of his application, the applicant provides copies of two newspaper articles (one dated 13 September 1944) that show:

   a.  the applicant's unit was cited for extraordinary heroism and outstanding performance of duty in action in the Northern France theater of operations on 
"D-Day" (6 June 1944).  It states the parachute and glider echelons of the unit landed in the vicinity of St. Come-du-Mont, France; the unit was chiefly composed of clerks, technicians, and specialists (usually not considered combat Soldiers); and they wiped out many enemy pillboxes, artillery positions, and other fortifications; and

   b.  the applicant attended the Infantry Parachute School at Fort Benning, Georgia; earned his "jump" wings on 1 October 1943; and he sustained an injury in a combat assault jump on "D-Day."

5.  DA Pam 672-1, dated 6 July 1961, lists the unit awards received by units and campaign participation of units serving in World War II.  This document shows that at the time of the applicant's assignment to Headquarters Company,
501st Parachute Infantry Regiment, 101st Airborne Division, the unit was cited for award of the Presidential Unit Citation (formerly known as the Distinguished Unit Citation) for actions on 6 June 1944 by Department of the Army General Orders (DAGO) 4 (1945).  It also shows the unit received credit for a combat assault landing at Normandy, France, on 6-7 June 1944 by DAGO 116 (1946).
 
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.

7.  War Department Circular 186 (1944) provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.  Announcement of award of the Combat Infantryman Badge would be made in regimental or unit orders:

	a.  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.  Thus, Soldiers had economic as well as intangible reasons to ensure that their records were correct.
	b.  The U.S. Army Human Resources Command, Military Awards Branch, has advised in similar cases that, during World War II, the Combat Infantryman Badge was normally awarded only to enlisted Soldiers 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 Noncommissioned Officer (812)
* Gun Crewman (864)

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations:

	a.  The Parachutist Badge requires that a Soldier must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.  A bronze service star is authorized to be worn on the Parachutist Badge to denote a Soldier's participation in a combat parachute jump and orders are required to confirm the award.  Credit for a combat parachute jump is related directly to credit for a combat assault landing for the unit to which the Soldier is assigned at the time of the assault.  The unit must be credited with a combat assault in order for the Soldier to receive the Parachutist Badge with the bronze service star affixed and each Soldier must physically exit the aircraft to receive combat assault credit and the Parachutist Badge with bronze service star.

	b.  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:




   (1)  A bronze service star is authorized for wear on the ribbon based on qualifying service for each campaign listed in DA Pam 672-1 (Appendix B).

	(2)  The "arrowhead" Device is authorized for wear on the European-African-Middle Eastern Campaign Medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious 
assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  Individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The unit must be credited with a combat assault in order for the Soldier to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Parachutist Badge with bronze service star, European-African-Middle-Eastern Campaign Medal with "arrowhead" Device and one bronze service star, Combat Infantryman Badge, and all other awards and decorations he is authorized.  He also requests a Purple Heart Certificate.

2.  The sincerity of the applicant's comments that Soldiers during World War II had many additional jobs, but they all performed infantry duties is not in dispute:
   
   a.  The regulatory guidance governing award of the Combat Infantryman Badge is clear that the badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.  In addition, award of the Combat Infantryman Badge was announced in regimental or unit orders.

   b.  The applicant held MOS 055 (Clerk General) during the period of service under review.

   c.  There is no evidence he was awarded the Combat Infantryman Badge.

   d.  Therefore, in view of the foregoing, the applicant is not entitled to award of the Combat Infantryman Badge.

3.  Records show the applicant successfully completed Infantry Parachute School at Fort Benning, Georgia; he was assigned to an airborne unit; and it is accepted that he participated in at least one combat parachute jump with his unit that was related directly to credit for a combat assault landing during World War II.  Therefore, the evidence of record supports award of the Parachutist Badge with bronze service star.
4.  The applicant was awarded the European-African-Middle Eastern Campaign Medal with one bronze service star for his service in the ETO and participation in the Normandy campaign.  In addition, the evidence of record shows his unit was granted assault landing credit.  Therefore, it would be appropriate to correct his records to show award of the "arrowhead" Device to be affixed on his already-awarded European-African-Middle Eastern Campaign Medal with one bronze service star.

5.  Records show the applicant was wounded in action on 6 June 1944 in Normandy, France, and he was awarded the Purple Heart.  Therefore, it would be appropriate to issue the applicant a Purple Heart Certificate.

6.  General orders awarded the applicant's unit the Presidential Unit Citation when he was assigned to the unit.  Therefore, it would be appropriate to correct his records 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.  issuing him a DA Form 4980-10 (Purple Heart Certificate) showing he was wounded in action on 6 June 1944, in Normandy, France;

	b.  awarding him the Parachutist Badge with bronze service star effective
6 June 1944;

   c.  deleting from item 33 of his WD AGO Form 53-55 the "EAME TH SER MED w/1 BRONZE STAR"; and


   d.  adding to item 33 of his WD AGO Form 53-55 the European-African-Middle Eastern Campaign Medal with "arrowhead" Device and one bronze service star, Parachutist Badge with bronze service star, and 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 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)                                         AR20100025408



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ABCMR Record of Proceedings (cont)                                         AR20100025408



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