IN THE CASE OF:	  

		BOARD DATE:  9 October 2012

		DOCKET NUMBER:  AR20120006666 


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 Purple Heart (PH), Combat Infantryman Badge (CIB), and the Bronze Star Medal (BSM) for his service during World War II.  

2.  The applicant states that he has been seeking the awards for many years.

3.  The applicant provides:

* Special Orders Number 97
* 1945 and 1946 WD AGO Forms 53-55 (Enlisted Record and Report of Separation – Honorable Discharge)
* letter to the U.S. Army Tank-Automotive and Armaments Command (TACOM)
* packing slip for authorized awards shipped to him

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

3.  The applicant’s available military records show he was inducted into the Army of the United States (AUS) on 6 July 1943 and entered active duty on 20 July 1943.  He completed training and was awarded military occupational specialty (MOS) 345 (Light Truck Driver).  He served in the European Theater of Operations (ETO) from 24 September 1944 to on or about 21 November 1945.

4.  Special Orders Number 97 issued by Headquarters, 228th (US) Station Hospital, Communications Zone, ETO, on 29 April 1945, discharged him from the hospital and reassigned him to the 10th Reinforcement Depot for duty on or before 7 May 1945.  The orders list his casualty as “BC” (battle casualty).

5.  He was honorably discharged from the AUS, in pay grade E-3, on 4 November 1945, for the purpose of enlisting in the Regular Army (RA).  His 
WD AGO Form 53-55 shows the following:

* Item 6 (Organization) – Company E, 359th Engineer General Service (GS) Regiment
* Item 31 (Military Occupation and Date) – Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
* Item 32 (Battles and Campaigns) – European-African-Middle Eastern (EAME) Theater Campaign, one bronze service star for “Battle-Rhineland”)
* Item 33 (Decorations and Citations) – None
* Item 34 (Wounds Received in Action) – Wounds received near Hurtgen, Belgium on 26 November 1944

6.  He enlisted in the RA on 5 November 1945.  He served in MOS 055 (Chaplains Assistant).  He served in the ETO from 28 March to 6 October 1946.  He was honorably discharged on 19 October 1946, for the convenience of the government.  His WD AGO Form 53-55 lists the following:

* Item 6 – 15th Constabulary Regiment
* Item 31  – contains no entry
* Item 32  - None
* 33 (Decorations and Citations) – Army of Occupation Medal, World War II Victory Medal
* Item 34 – None
* Item 55 (Remarks) – World War II Honorable Service Lapel Button 

7.  On an unknown date he was advised of shipment of the following awards to him:

* American Campaign Medal
* EAME Campaign Medal with one bronze service star
* World War II Victory Medal
* Army of Occupation Medal
* World War II Honorable Service Lapel Button
* Marksman Marksmanship Qualification Badge with Rifle Bar

8.  His available record contains a War Department Form 372A (Final Payment – Work Sheet), dated 19 October 1946, which does not show he was authorized combat infantryman pay during his period of service.

9.  The available records are void of orders awarding him the PH, CIB, or BSM during his periods of service.

10.  In a letter to U.S. Army TACOM, dated 16 March 2012, he requested award of the PH, CIB, and BSM for his service during World War II.  He states that he was assigned to the 1st Army, 8th Infantry Division, 13th Regiment in the ETO.  He was wounded in action on 26 November 1944 and in a patient status at the 228th US Station Hospital in the ETO.

11.  Army Regulation 600-8-22 (Military Awards) states the PH is awarded for a wound sustained while in action against the enemy or as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must had required treatment, and the medical treatment must had been made a matter of official record.  

12.  Army Regulation 600-8-22 also states the BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The BSM was 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 was considered to be a citation in orders for award of the BSM.  This meant, in effect, that the BSM was to be awarded to individuals who were authorized the CIB for service during World War II.

13.  War Department Circular 269-1943 established that the CIB was 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.  Additionally, World War II holders of the CIB received a monthly pay supplement known as combat 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 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)

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders that show the applicant was awarded the PH.  However, the evidence of record shows he was wounded as a battle casualty in Belgium on 26 November 1944, he received treatment, and the treatment was made a matter of official record.  The evidence shows he is qualified for award of the PH.  Therefore, he is entitled to award of the PH and correction of his 1945 and 1946 WD AGO Forms 53-55 to show this award.

2.  The available evidence of record shows he served in MOS 345 from 20 July 1943 through 4 November 1945 with the 359th Engineer GS Regiment.  He served in MOS 055 from 5 November 1945 through 19 October 1946 with the 15th Constabulary Regiment.  There is no available evidence of record and he provided none to show he served in an infantry MOS and infantry unit anytime during his periods of service for award of the CIB. 



3.  To be entitled to award of the CIB, the evidence must show he held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental, or smaller size and must have served in active ground combat while assigned or attached to this infantry unit.

4.  The CIB is not automatically awarded to a Soldier for being shot at or for undergoing the hazards of day-to-day combat.  Regrettably, absent sufficient evidence as required by the governing regulation the available evidence is insufficient for award of the CIB.

5.  He is therefore not entitled to award of the BSM since there is no evidence to show he is eligible for the CIB thereby making him eligible for award of the BSM based on award of the CIB for his service during World War II.  No evidence was found in his available service personnel record and he provided insufficient evidence to support this award.

6.  In view of the foregoing, his records should be corrected as recommended below.

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:

* awarding him the PH for wounds received as a result of hostile action in Belgium on 26 November 1944
* adding to his DD Forms 214 ending on 4 November 1945 and 19 October 1946 the PH



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 award of the Combat Infantryman Badge and the Bronze Star Medal.



      __________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)                                         AR20120006666



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ABCMR Record of Proceedings (cont)                                         AR20120006666



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