IN THE CASE OF:	  

		BOARD DATE:	  10 July 2012

		DOCKET NUMBER:  AR20120002128 


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 his record be corrected to show award of the Purple Heart (PH) and Combat Infantryman Badge (CIB) and that he be awarded the Bronze Star Medal (BSM) based on receipt of the CIB.  

2.  The applicant states he received the PH and CIB in France prior to his return the United States in March 1946.  He is also requesting to be awarded the BSM based on his receipt of the CIB.  

3.  The applicant provides a Certificate of Merit and self-authored letters in support of his request.  

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 WD AGO Form 24 (Service Record) shows he was inducted into the Army on 17 April 1943 and entered active duty on 24 April 1943.  It further shows he was awarded military occupational specialties (MOSs) 514 (Radar Operator) and 667 (Message Center Clerk) in the Signal Corps (SC).  

3.  The WD AGO Form 24 further shows he served in the European Theater of Operations (ETO) from 12 September 1944 through 7 March 1946.  It further shows that during his service in the ETO, he served with the 1st and 102nd Signal Companies.    

4.  The PH and CIB are not included in the earned awards listed in the Medals, Decorations, and Citations portion of the applicant’s WD AGO Form 24.  The applicant’s record is void of any entries or documents indicating he was ever wounded as a result of enemy action or was ever treated for a combat-related wound by military medical personnel.  There are also no orders or documents in the record that indicate the applicant was ever awarded the PH or CIB by proper authority while serving on active duty.  

5.  On 21 March 1946, the applicant was honorably separated in the rank of private first class after completing 2 years, 11 months, and 5 days of active military service.  The WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) issued to the applicant upon his separation shows in item 30 (Military Occupational Specialty and Number) that the applicant was serving in MOS 667 as a Message Center Clerk at the time of his separation.  Item 31 (Military Qualifications) does not list the CIB and the PH is not included in the list of earned awards in item 33 (Decorations and Citations).  Item 34 (Wounds Received in Action) contains the entry “None.” 

6.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-8 contains guidance on award of the PH.  It states the PH is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

7.  Paragraph 3-14 of Army Regulation 600-8-22 contains guidance on award of the BSM.  It states, in pertinent part, that 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 Combat Medical Badge 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.

8.  War Department Circular 269-1943 established the CIB and Expert Infantryman Badge (EIB) to recognize and provide an incentive to infantrymen.  The EIB 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.  

9.  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 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.  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)

10.  War Department Circular Number 408, dated 17 October 1944 and effective 1 November 1944, restricted award of the CIB to officers, warrant officers, and enlisted men assigned to infantry regiments, infantry battalions, and elements thereof designated as infantry.  Personnel whose eligibility was thus established could qualify for award of the Combat Infantryman Badge by satisfactory performance of duty in ground combat against the enemy.  Announcement of the award of the Combat Infantryman Badge would be made in regimental or unit orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request that his record be corrected to show award of the PH and CIB and that he be awarded the BSM based on receipt of the CIB has been carefully considered.  However, there is insufficient evidence to support this claim. 

2.  By regulation, in order to support award of the PH there must be evidence confirming the wound for which the award is being made was received as a result of enemy action, that it required treatment by military medical personnel, and a record of the medical treatment must have been made a matter of official record.  The applicant’s record is void of any entries or documents indicating the applicant was ever wounded in action or treated for a combat related wound, or that he was ever awarded the PH by proper authority while serving on active duty.  As a result, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case. 

3.  By regulation, during World War II, the CIB was authorized to members who served as infantrymen, in infantry units, and who were present and participated with their qualifying infantry units while the unit was engaged in active ground combat with enemy forces.  The record shows the applicant held and served in SC MOSs in a signal unit while serving in the ETO.  Further, the record is void of entries or documents' showing the applicant was ever awarded the CIB by proper authority while serving in the ETO.  As a result, there is no evidence to support the applicant’s assertion he received the CIB, or that would support award of the BSM based on receipt of the CIB.  

4.  The applicant and all others concerned should know that this action related to award of the PH, CIB, and BSM in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   __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)                                         AR20120002128



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ABCMR Record of Proceedings (cont)                                         AR20120002128



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