IN THE CASE OF:	  

		BOARD DATE:	  28 May 2012

		DOCKET NUMBER:  AR20120019622 


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, the daughter of a deceased former service member (FSM), requests her late father be awarded the:

* Presidential Unit Citation per General Orders Number 48, dated 12 July 1948
* Belgian Fourragere per Department of the Army General Orders Number 43, dated 19 December 1950
* Combat Infantryman Badge
* Bronze Star Medal in compliance with Army Regulation 600-8-22 (Military Awards), paragraph 3-14

2.  The applicant states that after extensive research into her father's military records and in the process of creating a shadow box of his awards, she discovered awards for Soldiers in the unit for their gallant service and sacrifice during World War II.  This sparked her interest in giving future generations of family members all the accolades and the true story of their ancestor in what a war hero, who never discussed any details of everything he had seen, had been through to fight for his country, struggle to survive in a foreign land so he could return home and live with the horrors of combat in the back of his mind, and all the sacrifices he made during his life.

3.  The applicant provides:

* FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge)
* FSM's Honorable Discharge Certificate
* FSM's WD AGO Form 100 (Separation Qualification Record)
* FSM's letter from a former President of the United States
* her birth certificate
* FSM's death certificate
* Department of the Army General Orders Number 43
* Army Regulation 600-8-22, paragraph 3-14
* letter from the National Personnel Records Center (NPRC)

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 FSM's complete military records are not available for review.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed that the FSM's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in the reconstructed record and documentation submitted by the applicant to conduct a fair and impartial review of this case.

3.  The FSM's available military records show he was inducted into the Army of the United States on 3 March 1943 and entered active duty on 10 March 1943.  It appears he completed training and was awarded military occupational specialty (MOS) 610 (Squad Leader).  He served in the European-African-Middle Eastern (EAME) theater from 28 October 1944 through 14 December 1945.

4.  The FSM's available records contain a WD AGO Form 372A (Final Payment Work Sheet) which shows he received combat infantryman pay from 1 to 29 December 1945.

5.  He was honorably discharged from active duty in the rank of staff sergeant on 29 December 1945.  He was credited with completing 1 year, 7 months, and 16 days of continental service and 1 year, 2 months, and 4 days of foreign service.  His WD AGO Form 53-55 shows in:

* item 8 (Organization) – Anti-Tank Company, 424th Infantry Regiment
* item 31 (Military Qualification and Date) – Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) and Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* item 32 (Battles and Campaigns) – Ardennes, Rhineland, and Central Europe
* item 33 (Decorations and Citations) –

* American Theater Campaign Medal
* Army Good Conduct Medal
* EAME Campaign Medal with three bronze service stars
* World War II Victory Medal

* item 55 (Remarks) – Honorable Service Label Button

6.  The documents the applicant provided include:

* Department of the Army General Orders Number 43, dated 19 December 1950, citing award of the Belgian Fourragere to the 424th Infantry Regiment, 106th Infantry Division
* information on the 424th Regiment which shows the unit served in the Ardennes-Alsace, Rhineland, and Central Europe campaigns and was awarded the Belgian Fourragere

7.  Army Regulation 600-8-22 (Military Awards) states 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 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 Combat Infantryman was considered to be a citation in orders for award of the Bronze Star Medal.  This meant, in effect, that the Bronze Star Medal was to be awarded to individuals who were authorized the Combat Infantryman Badge for service during World War II.

8.  War Department Circular 269-1943 established that the Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy.  War Department Circular 186-1944 further provided that the Combat Infantryman Badge 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.  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.  

9.  Army Regulation 600-8-22 also provided for award of the Army of Occupation Medal with Germany Clasp.  Qualifying service must have occurred between 9 May 1945 and 5 May 1955.  Service between 9 May 1945 and 8 November 1945 will be counted only if the EAME Campaign Medal was awarded for service before 9 May 1945.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the FSM's unit, the 424th Infantry Regiment, 106th Infantry Division, was cited for award of the Army of Occupation Medal with Germany Clasp for service between 20 May-18 September 1945.  It does not show the unit was awarded the Presidential Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  General orders confirm the FSM's unit was awarded the Belgian Fourragere and Army of Occupation Medal with Germany Clasp.  Therefore, the FSM's WD AGO Form 53-55 should be corrected to show these awards.

2.  Notwithstanding the lack of orders for award of the Combat Infantryman Badge, the available evidence shows the FSM served in an infantry MOS in an infantry unit, and received combat infantryman pay as evidenced by his WD AGO Form 372-A.  Therefore, the FSM should be awarded the Combat Infantryman Badge and his WD AGO Form 53-55 should be corrected to show this badge.

3.  Based on regulatory guidance, the FSM is authorized award of the Bronze Star Medal based on award of the Combat Infantryman Badge and correction of his separation document to show this award.

4.  No evidence was found to support the applicant's request for addition of award of the Presidential Unit Citation to her father's WD AGO Form 53-55, and she did not provide a copy of General Orders Number 48.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

	a.  awarding the FSM the Combat Infantryman Badge,

	b.  awarding the FSM the Bronze Star Medal based on award of the Combat Infantryman Badge; and

	c.  adding the following awards to the FSM's WD AGO Form 53-55:

* Bronze Star Medal
* Army of Occupation Medal with Germany Clasp
* Belgian Fourragere
* Combat Infantryman Badge

2.  The Board further determined 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 adding the Presidential Unit Citation to the FSM's WD AGO Form 53-55.



      _______ _   _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)                                         AR20120019622



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ABCMR Record of Proceedings (cont)                                         AR20120019622



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