IN THE CASE OF:	

		BOARD DATE:	    24 October 2013

		DOCKET NUMBER:  AR20130005220 


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 Purple Heart and Combat Infantryman Badge (CIB).

2.  The applicant states that as an anti-aircraft gunner, he suspected he was wounded by shrapnel at Normandy.  The complexities of battle and the rapid demobilization left no time for him to know if an entry was made in the unit diary and/or medical files.

3.  The applicant provides a WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge).

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 that his records were lost or destroyed in that fire.  This case is being considered based the WD AGO Form 53-55 he provides.

3.  His WD AGO Form 53-55 shows:

	a.  He was inducted into the Army of the United States on 25 March 1943 and entered active duty on 1 April 1943.

	b.  He was assigned to the field artillery branch.

	c.  His military occupational specialty (MOS) was 601 (Anti-Aircraft Gunner).

	d.  He was assigned to Battery C, 116th Antiaircraft Artillery Battalion, and served in the European theater of operations from 21 October 1943 to 20 November 1945.

	e.  He participated in the Ardennes, Central Europe, Normandy, Northern France, and Rhineland campaigns and he was awarded the European-African-Middle Eastern Campaign Medal, Army Good Conduct Medal, and World War II Victory Medal.

	f.  Item 34 (Wounds Received in Action) is annotated "None."

	g.  He was honorably discharged on 4 December 1945.

4.  There is no evidence that shows he sustained injuries as a result of hostile action or received treatment for injuries sustained as a result of hostile action.

5.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Purple Heart is awarded for a wound sustained in action against an 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 have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  The CIB was established during World War II to provide special recognition of the unique role of the Army infantryman, the only Soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain.  The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen.  In developing the CIB, the War Department did not dismiss or ignore the contributions of other branches, such as field artillery.  Their vital contributions to the overall war effort were noted, but it was decided that other awards and decorations were sufficient to recognize their contributions.  From the beginning, Army leadership has taken care to retain the badge for the unique purpose for which it was established.  The War Department received requests to award the CIB to non-infantry individuals and units employed as infantry during tactical emergencies.  All of those requests were disapproved based on the fact that the regular infantryman lived, slept, ate, and fought as an infantryman on a continuous and indefinite basis without regard to the tactical situation.

6.  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 U.S. Army Human Resources Command Military Awards Branch has advised in similar cases that the CIB was normally awarded only to enlisted individuals who served in the following positions during World War II:

* 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.  The applicant's request for award of the Purple Heart and CIB was carefully considered.

2.  There is no evidence of record and the applicant has not provided sufficient evidence that shows he sustained injuries as a result of hostile action or that he received treatment for injuries sustained as a result of hostile action.  As such, there is insufficient evidence on which to base awarding him the Purple Heart.

3.  The applicant held a field artillery MOS and served in an artillery unit during World War II.  In the absence of evidence showing he held an infantry MOS and served in an infantry unit of brigade, regimental, or smaller size, there is insufficient evidence on which to base awarding him the CIB.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his 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)                                         AR20130005220



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ABCMR Record of Proceedings (cont)                                         AR20130005220



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