IN THE CASE OF:	  

		BOARD DATE:	  6 March 2012

		DOCKET NUMBER:  AR20110017129 


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 award of the Combat Infantryman Badge (CIB).

2.  The applicant states he held military occupational specialty (MOS) 745 (Rifleman) and he was assigned to Company F, 1st Ranger Battalion.

	a.  He fought in the Battle of Cisterna in Italy during the Naples-Foggia campaign, he was wounded in action on 27 November 1943, and he was taken as a prisoner of war (POW) on 30 January 1944.

	b.  He was transported by train to Rome where he was marched through the streets.  He was then transported by train to Stalag 2-B, Hammerstein, West Prussia, where he was held as a POW by the Germans for 442 days.

	c.  He was unaware he was eligible for the CIB until recently.

3.  The applicant provides, in support of his request, copies of his POW and separation documents.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests correction of the applicant's records to show award of the CIB.

2.  Counsel states, in effect, he defers to the applicant.
3.  Counsel provides no additional documentary evidence in support of the application.

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 was inducted into the Army of the United States on 24 September 1942 and he entered active service on 8 October 1942.  He was honorably discharged on 24 October 1945 at demobilization.  He completed 1 year, 4 months, and 23 days of continental service; and 1 year, 8 months and 8 days of foreign service; for 3 years, 1 month, and 1 day of longevity for pay purposes.  It also shows in:

	a.  item 6 (Organization) the entry "Battery B, Signal Rocket, Field Artillery";

	b.  item 30 (MOS and Number) the entry "Rifleman 745";

	c.  item 31 (Military Qualification and Date (i.e. infantry, aviation, and marksmanship badges, etc.)) no entry;

	d.  item 32 (Battles and Campaigns) the entry "Naples-Foggia and Rome-Arno";


	e.  item 33 (Decorations and Citations) the European-African-Middle Eastern (EAME) Campaign Medal with 2 bronze service stars and the Purple Heart;

	f.  item 34 (Wounds Received in Action) the entry "Italy, 27 November 1943";

	g.  item 36 (Service Outside Continental U.S. and Return) he:

* departed the United States on 13 September 1943
* arrived in the European Theater of Operations (ETO) on 13 October 1943
* departed the ETO on an unknown date
* arrived in the United States on 20 May 1945

	h.  item 55 (Remarks):  he had no time lost and the Army Lapel Button was issued to him.

4.  In support of his application, the applicant provides the following documents:

	a.  two Western Union telegrams from The Adjutant General of the Army to the applicant's mother that notified her the applicant was reported missing in action in Italy since 30 January (1944) and, on 23 June 1944, she was notified the applicant was a POW of the German government;

	b..  Headquarters Army Service Forces, Office of the Provost Marshal General, Washington, DC, letter, dated 20 July 1944, that notified the applicant's mother the applicant was interned at Stalag 2-B in Germany;

	c.  U.S. Army Air Forces Cabin Identification Tag and Identity Card for
Ex-POW issued by the POW Camp Contact Officer, 37th Returnee Holding Unit, on 21 April 1945, that shows the applicant was assigned to the 1st Ranger Battalion;

	d.  a (declassified) Confidential Certificate that shows the applicant claimed assignment to Company F, 1st Ranger Battalion, and he was a POW for a period of 442 days;

	e.  World War II Repatriated POW - European Theater, POW Report, that shows the applicant was reported captured in Italy on 30 January 1944; detained as a POW by Germany at Stalag 2-B, Hammerstein, West Prussia, and the date of the last report was 24 May 1945; and


	f.  WD AGO Form 100 (Separation Qualification Record) that shows in the Summary of Military Occupations section, item 13 (Title - Description - Related Civilian Occupation):  "Rifleman:  Served overseas as a rifleman with the
1st Ranger.  Was in the ETO for 20 months.  Serviced own weapons."

5.  A review of the National Archives and Records Administration (NARA), World War II POW Data File (7 December 1941 - 19 November 1946), shows the applicant was in a POW status while detained by Germany at Stalag 2B, Hammerstein, West Prussia.

6.  DA Pam 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units and campaign participation of units serving in World War II.  This document shows at the time of the applicant's assignment to Company F, 1st Ranger Battalion, the battalion received credit for a combat assault landing at Anzio, Italy, during the period 22-23 January 1944, by Department of the Army General Orders Number 37, dated 1950.

7.  A review of the applicant's available reconstructed military service record reveals he may be authorized additional awards that are not shown on his WD AGO Form 53-55.

8.  The applicant's reconstructed military service record does not contain any evidence of adverse information or disqualification for the first award of the Army Good Conduct Medal.

9.  A DA Form 1577 (Authorization for Issuance of Awards) to the Commander, U.S. Army Support Activity, Philadelphia, PA, dated 23 November 1999, shows the Chief, Army Reference Branch, National Personnel Records Center (NPRC), authorized the issuance of the following decorations to the applicant:

* POW Medal
* Army Good Conduct Medal
* American Campaign Medal
* European-African-Middle Eastern Campaign Medal with one bronze service star
* World War II Victory Medal
* Honorable Service Lapel Button World War II
* Marksman Marksmanship Qualification Badge with Rifle Bar


10.  An NPRC letter to the applicant, dated 7 April 2008, informed him that they were pleased to authorize the shipment of the following awards based on documents he submitted and/or available official documents:

* Purple Heart
* Army Good Conduct Medal
* American Campaign Medal
* EAME Campaign Medal with 2 bronze service stars
* World War II Victory Medal
* Honorable Service Lapel Button World War II

11.  Army Regulation 600-68 (Good Conduct Medal), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, after 7 December 1941, 1 year of continuous active Federal military service completed while the United States was at war.  The award would not be made to an enlisted Soldier whose records, during the required period of service, disclosed a conviction by any court-martial, or to one whose character or efficiency was rated below "excellent."

12.  War Department Circular 269 (1943) established the CIB 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 CIB was awarded for exemplary conduct in action against the enemy.

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

14.  The U.S. Army Human Resources Command, Military Awards Branch, has advised in similar cases that, during World War II, the CIB 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)

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

	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.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

	b.  The POW Medal was authorized on 8 November 1985 and is authorized for any person who, while serving in any capacity with the U.S. Armed Forces, was taken prisoner and held captive after 5 April 1917 while engaged in an action against an enemy of the United States.  This regulation also states that personnel officially classified as missing in action are not eligible for award of the POW Medal.  The POW Medal will only be awarded when the individual's POW status has been officially confirmed and recognized as such by the Department of the Army.

	c.  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.

	d.  The EAME Campaign Medal is awarded for service within the European African-Middle Eastern theater between 7 December 1941 and 8 November 1945.



		(1)  The "arrowhead" device is authorized for wear on the ribbon 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.

		(2)  A bronze service star is authorized for wear on the ribbon based on qualifying service for participation in each credited campaign.

		(3)  Table B-1 contains a list of World War II campaigns and it shows that during the applicant's tour in the ETO he participated in the following three campaigns:

* Naples - Foggia (Air)/(Ground)  (18 August 1943 - 21 January 1944 and
9 September 1943 - 21 January 1944)
* Anzio  (22 January - 24 May 1944)
* Rome - Arno (22 January - 9 September 1944)

	e.  The World War II Victory Medal is awarded for service between
7 December 1941 and 31 December 1946, both dates inclusive.

	f.  The basic qualification badge is awarded to indicate the degree (Expert, Sharpshooter, and Marksman) in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the CIB.

2.  The available record shows the applicant served as a rifleman and he was assigned to Company F, 1st Ranger Battalion in the ETO.  It also shows:

	a.  he was wounded in action on 27 November 1943 in Italy and awarded the Purple Heart;

	b.  he participated in three campaigns in the ETO and his unit received credit for a combat assault landing at Anzio, Italy, for the period 22-23 January 1944; and

	c.  he was taken POW while serving in Italy on 30 January 1944.

3.  Based on the above evidence of record, it is concluded that the applicant is entitled to award of the CIB for exemplary conduct in action against the enemy during World War II on 27 November 1943.

4.  An award of the CIB is considered to be a citation in orders.  This means that the Bronze Star Medal is to be awarded to individuals who were authorized the CIB for service during World War II.  Therefore, it would be appropriate to award the applicant the Bronze Star Medal based on award of the CIB and to correct his
WD AGO Form 53-55 to show this award.

5.  The applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal from 8 October 1942 to 7 October 1945.

	a.  There is no evidence of any disciplinary actions or adverse information.

	b.  The Chief, Army Reference Branch, NPRC, authorized issuance of the Army Good Conduct Medal to the applicant on 23 November 1999.

6.  Based on the available evidence, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) and to correct his DD Form214 to show this award.

7.  The available record shows the applicant qualified for the POW Medal, American Campaign Medal, World War II Victory Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar, as confirmed by the Chief, Army Reference Branch, NPRC, who authorized issuance of the decorations to the applicant on 23 November 1999.  Therefore, his WD AGO Form 53-55 should be corrected to show these awards.

8.  The available record shows the applicant was awarded the EAME Campaign Medal with 2 bronze service stars.  However, his unit received credit for a combat assault landing at Anzio, Italy during the period 22-23 January 1944; and he participated in three campaigns.  Therefore, he is entitled to correction of his
WD AGO Form 53-55 to show participation in the Anzio campaign and an arrowhead device and three bronze service stars for wear on his already-awarded EAME Campaign Medal.


9.  In view of the foregoing, the applicant's WD AGO Form 53-55 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:

1. 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.  deleting from item 31 of his WD AGO Form 53-55 the entry "None";

	b.  deleting from item 33 of his WD AGO Corm 53-55 the EAME "Theater Ribbon" with 2 bronze service stars;

	c.  awarding him the Army Good Conduct Medal (1st Award) for the period
8 October 1942 through 7 October 1945;

	d.  awarding him the Combat Infantryman Badge for exemplary conduct in action against the enemy on 27 November 1943;

	e.  awarding him the Bronze Star Medal for meritorious service on
27 November 1943 based on award of the Combat Infantryman Badge;

   f.  adding to item 31 of his WD AGO Form 53-55 the entry "Combat Infantryman Badge, 27 November 1943";

   g.  adding to item 32 of his WD AGO Form 53-55 the entry "Anzio"; and

   h.  adding to item 33 of his WD AGO Form 53-55 the:
   
* Bronze Star Medal
* Prisoner of War Medal


* Army Good Conduct Medal (1st Award)
* American Campaign Medal
* European-African-Middle Eastern Campaign Medal with 3 bronze service stars and with arrowhead device
* World War II Victory Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during World War II are deeply appreciated.  The applicant and all Americans should be justifiably proud of the applicant's service in arms.



      ___________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)                                         AR20110017129



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ABCMR Record of Proceedings (cont)                                         AR20110017129



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