BOARD DATE:	  10 May 2011

		DOCKET NUMBER:  AR20110004421 


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 award of the Combat Medical Badge (CMB) instead of the Combat Infantryman Badge (CIB).

2.  He states he should have been awarded the CMB because he was trained as a medical technician [military occupational specialty (MOS) 409] at Letterman General Hospital.  He also states that because he was a funeral attendant as a civilian, he performed duties as a graves registration clerk in combat.

3.  He provides his WD AGO Form 53-55.

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 record is 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 his records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using his WD AGO Form 53-55 provided by the National Personnel Records Center, St. Louis, MO.

3.  His WD AGO Form 53-55 shows he was inducted into the Army of the United States on 2 August 1943 and entered active duty on 23 August 1943.  His most significant unit of assignment was Service Company, 370th Infantry Regiment, 92nd Infantry Division.  He was honorably discharged on 4 February 1946 after completing a total of 2 years, 5 months, and 21 days of active military service.  He held the rank of private first class on the date of his separation.

4.  His WD AGO Form 53-55 also contains the following pertinent information.

	a.  Item 21 (Civilian Occupation) shows he was a funeral attendant prior to entering the Army.

	b.  Item 30 (MOS and Number) shows his MOS was 055 (graves registration clerk).

	c.  Item 31 (Military Qualifications and Date) shows he was awarded the CIB.

	d.  Item 32 (Battles and Campaigns) shows he participated in the Rome-Arno, North Apennines, and Po Valley campaigns [all of which took place in Italy].

	e.  Item 33 (Decorations and Citations) shows he was awarded the Army Good Conduct Medal, European-African-Middle Eastern Campaign Medal with three bronze service stars, and World War II Victory Medal.

	f.  Item 34 (Wounds Received in Action) shows "None."

	g.  Item 36 (Service Outside Continental United States and Return) shows he arrived in the European-African-Middle-Eastern theater of operations on 28 May 1944 and departed on 20 January 1946, a total of 1 year, 8 months, and 15 days.

	h.  Item 41 (Service Schools Attended) shows he attended the Medical Technician's School, Letterman General Hospital, San Francisco, CA.

5.  His WD AGO Form 53-55 is void of any evidence and he has not provided any evidence showing he was awarded the CMB.

6.  His WD AGO Form 53-55 is void of any evidence and he has not provided showing he was ever awarded an infantry MOS or performed the duties of an infantryman.

7.  War Department Technical Manual 12-427 (Military Occupational Classification of Enlisted Personnel), in effect at the time, did not contain a specific MOS code for graves registration clerk.  Additionally, it shows the title for MOS 055 was clerk general.

8.  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.  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.

9.  From the beginning, Army leadership has taken care to retain the CIB 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.  The Military Awards Branch of the U.S. Army Human Resources Command 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 noncommissioned officer (812)
* gun crewman (864)

10.  Army Regulation 600-8-22 states the CMB is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental, or smaller size which is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the Soldier must have been personally present and under fire during such ground combat.

11.  Army Regulation 600-8-22 further provides that the Bronze Star Medal (BSM) is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The BSM 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 CMB is considered to be a citation in orders.  Therefore, the BSM is to be awarded to individuals who were authorized either badge for service during World War II.

12.  Army Regulation 600-8-22 further provides that the American Campaign Medal is awarded for qualifying service in the American theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American theater of operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of 1 year.

13.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that at the time of the applicant's assignment to the Service Company, 370th Infantry Regiment, 92nd Infantry Division, the unit was cited for award of the:

* Meritorious Unit Commendation for the period 1 March to 2 May 1945 by Headquarters, 92nd Infantry Division, General Orders 68, dated 28 August 1945
* Italian Cross for Merit of War by Department of the Army General Orders 43, dated 1950

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of the CMB instead of the CIB was carefully considered and determined to have merit.

2.  The evidence clearly shows he completed training at the Medical Technician's School, Letterman General Hospital, San Francisco, CA.  Given the fact he was a funeral attendant prior to entering the Army, it is reasonable that his commander would have utilized him as a graves registration clerk.

3.  His record is void of any evidence he ever held an infantry MOS.  Therefore, he did not meet the basic eligibility requirement for award of the CIB.  However, the CIB was entered in item 31 of his WD AGO Form 53-55.  Given the high volume of infantry personnel transitioning from the Army at the time of his separation, it is not unreasonable to presume a typographical error was made by the clerk who prepared his WD AGO Form 53-55.  Therefore, in the interest of equity, his WD AGO Form 53-55 should be corrected to show he was awarded the CMB instead of the CIB.

4.  By regulation, the BSM is authorized to members who received the CMB during World War II.  The evidence shows the applicant should have been awarded the CMB.  As a result, it would be appropriate to award the BSM to the applicant at this time and to correct his WD AGO Form 53-55 to show this award.

5.  General orders awarded the applicant's unit the Meritorious Unit Commendation and the Italian Cross for Merit of War for achievements during his tenure of assignment.  Therefore, he is entitled to have his WD AGO Form 53-55 corrected to show these unit awards.

6.  The available evidence shows he served a qualifying period for award of the American Campaign Medal.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show this medal.

BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 amending his WD AGO Form 53-55 in the following manner:

	a.  awarding him the BSM based on award of the CMB,

	b.  deleting the CIB from item 31 and replacing it with the CMB,

	c.  adding to item 33 the:

* BSM
* Meritorious Unit Commendation
* American Campaign Medal
* Italian Cross for Merit of War



      ___________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)                                         AR20110004421



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ABCMR Record of Proceedings (cont)                                         AR20110004421



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