BOARD DATE:	  24 April 2012

		DOCKET NUMBER:  AR20110021086 


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 record to add his Combat Infantryman Badge (CIB) and to be awarded the Bronze Star Medal (BSM).

2.  The applicant states he wishes the records to be amended to acknowledge award of the CIB for his combat service during World War II (WWII).  He states the CIB was omitted from item 33 (Decorations and Citations) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) and he does not know why.  He learned that those with whom he served had received the BSM as a result of holding the CIB when he attended the 60th and final annual reunion of the 102nd Infantry Division Association in August 2008.  He then realized his records were incomplete because he had not received the BSM.  He finally decided to take action to have his records corrected before his witnesses were all deceased.

3.  The applicant provides the following documents in support of his application:

* Congressional Inquiry
* WD AGO Form 53-55 
* three third-party supporting statements

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 complete military record is not available for Board review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed the applicant's records were lost or destroyed in that fire.  This case is being considered using reconstructed records maintained by NPRC, which include the applicant's WD AGO Form 53-55, along with documents submitted by the applicant.

3.  The applicant's WD AGO Form 53-55 shows he served on active duty in an enlisted status from 12 May 1943 through 22 March 1946, at which time he was honorably separated in the rank of technician four grade (Tec 4).

4.  The applicant's WD AGO Form 53-55 further shows he served in the 405th Infantry Regiment in military occupational specialty (MOS) 605 (Heavy Machine Gunner-Squad Leader).  It also shows served in the European theater of operations (ETO) from 23 September 1944 to 7 March 1946.  Item 32 (Battles and Campaigns) shows the applicant participated in the Central Europe and Rhineland Campaigns of WWII.

5.  The CIB is not listed in item 31 (Military Qualifications) or item 33 of the applicant's WD AGO Form 53-55.  Item 33 shows the applicant was awarded or authorized the following awards during his active duty service during WWII:

* American Campaign Medal 
* European-African-Middle Eastern (EAME) Campaign Medal
* Army Good Conduct Medal 
* WWII Victory Medal

6.  The applicant provides three third-party supporting statements from former members of his unit in the ETO during WWII.  These individuals all attest to the fact the applicant served with them in Company H, 405th Infantry Regiment, and they were all awarded the CIB upon entering combat in Europe in October 1944.  They also confirmed the applicant received the CIB at the same time they did and the BSM was authorized after the war ended for members of the infantry who held the CIB based on combat service during WWII and they received this award.

7.  Army Regulation 600-8-22 (Military Awards), paragraph 3-14d(2), contains guidance on award of the BSM based on receipt of the CIB during WWII.  It states award of the BSM may be made to each member of the Armed Forces of the United States who, after 6 December 1941, has been 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, both dates inclusive, or whose meritorious achievement has been otherwise confirmed by documents executed prior to 1 July 1947.  For this purpose, an award of the CIB or Combat Medical Badge is considered as a citation in orders for award of the BSM.

8.  Paragraph 5-11 of Army Regulation 600-8-22 states the Army of Occupation Medal (AOM) is authorized for service in Germany between 9 May 1945 and 5 May 1955.  Service between 9 May and 8 November 1945 will be counted only if the EAME Campaign Medal was awarded for service before 9 May 1945.

9.  Paragraph 6-8 of Army Regulation 600-8-22 states service stars are worn on campaign and service medals to denote participation in a named campaign and are authorized for wear on the EAME Campaign Medal.

10.  War Department Circular 269-1943 established the CIB to be awarded for exemplary conduct in action against the enemy.  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.

11.  The Military Awards Branch of the U.S. Army Human Resources Command has advised in similar cases that during WWII the Combat Infantryman Badge 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)

12.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) contains awards and campaign participation credit for units during WWII.  It shows the 405th Infantry Regiment was credited with participating in the Central Europe and Rhineland Campaigns of WWII and with occupation of Germany credit for the period 2 May through 31 October 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to have the CIB he earned during WWII added to his WD AGO Form 53-55 and to be awarded the BSM has been carefully considered and found to have merit.

2.  Although the WD AGO Form 53-55 does not include the CIB, given the applicant held and served in a qualifying infantry MOS in a qualifying infantry unit during WWII, and based on the verification of his fellow Soldiers that he participated in combat with them and was awarded the CIB, it would be appropriate to err in favor of the applicant and add the CIB to item 31 of his WD AGO Form 53-55.  Further, based on his award of the CIB, he should also be awarded the BSM for his exemplary conduct in ground combat against an armed enemy in the ETO between 23 September 1944 and 2 May 1945.

3.  Further, based on his WWII service and campaign participation in the ETO, he is also eligible for the AOM with Germany Clasp and two bronze service stars for his EAME Campaign Medal.  Therefore, it would also be appropriate to add these awards to his WD AGO Form 53-55.

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 as follows:

	a.  item 31 – delete the current entry and replace it with the CIB; and

	b.  item 33 – delete the current EAME Campaign Medal entry and add the Bronze Star Medal, EAME Campaign Medal with two bronze service stars, and AOM with Germany Clasp.



      __________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)                                         AR20110021086



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ABCMR Record of Proceedings (cont)                                         AR20110021086



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