IN THE CASE OF:	  

		BOARD DATE:  17 October 2013

		DOCKET NUMBER:  AR20130005956 


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 reconsideration of his request to have his awards of the Combat Infantryman Badge (CIB) and two Distinguished Unit Citations (DUCs) added to his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) and that he be awarded the Bronze Star Medal (BSM).

2.  The applicant states that while he has been unable to locate orders awarding him the CIB and DUC he has located documents from the history of the 1st Battalion, 117th Infantry Regiment which show that he was assigned to the 1st Battalion, 117th Infantry Regiment and shows that he was awarded the CIB, two DUCs, the Belgium Fourragere, and campaign credit for four campaigns.  He also states that he found a newspaper article announcing his engagement to his wife and explaining that he was awarded the CIB and DUCs and has a copy of a photograph showing him wearing the DUC and CIB.

3.  The applicant provides a one-page letter explaining his application; a photograph; pages from the history of 1st Battalion, 117th Infantry Regiment; and a newspaper article.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120016676 on 5 February 2013.
2.  The applicant's military records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 12 January 1944 and entered active duty on 2 February 1944.

4.  He completed his training as an infantryman and departed for the European Theater of Operations (ETO) on 15 July 1944.  He arrived in the ETO on 21 July 1944 and was assigned to Company C, 1st Battalion, 117th Infantry Regiment, 30th Infantry Division on 7 August 1944.

5.  He participated in the Ardennes, Central Europe, Northern France, and Rhineland campaigns and was promoted to the rank of sergeant.

6.  He departed the ETO on 17 August 1945 and was honorably discharged on 23 December 1945.  He had served 1 year, 10 months, and 22 days of active service and his WD AGO Form 53-55 issued at the time of his discharge shows that he participated in four campaigns and was awarded the European- African-Middle Eastern (EAME) Campaign Medal, Good Conduct Medal, and World War II Victory Medal.

7.  In the previous consideration by the Board it was determined that his records should be corrected to show the award of the Army of Occupation Medal with Germany clasp and to add his four bronze service stars to his EAME Campaign Medal.  However, the Board found that there was insufficient evidence to show he was eligible for or was awarded the Combat Infantryman Badge (CIB), DUCs, or credit for the Normandy campaign.

8.  The pages from the applicant’s unit history show that he was assigned to Company C, 1st Battalion 117th Infantry Regiment, that he joined that unit on       7 August 1944, was awarded the CIB, Distinguished Unit Badge with 1 oak leaf cluster, and Belgium Forragere and that he participated in four campaigns.

9.  The newspaper article provided by the applicant with his application indicates that the applicant served as a sergeant with the 30th Infantry Division in France, Holland, Germany, and Belgium and was awarded four battle stars, the CIB, and the Presidential Unit Citation.
10.  The photograph submitted by the applicant reflects an individual wearing a DUC and a CIB.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that the 1st Battalion, 117th Infantry Regiment was awarded the DUC on 7 August 1944 in General Orders Number 12-45 and on 2 October 1944 in General Orders Number 70-45.

12.  War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  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.

13.  Army Regulation 600-8-22 (Military Awards) provides for award of the Bronze Star Medal. The Bronze Star Medal is awarded to members of the Armed Forces who, after 6 December 1941 and prior to 3 September 1945, were cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Combat Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was awarded the CIB and the DUC with one oak leaf cluster has been noted and appears to have merit.

2.  Although there are no orders in the available records, the documents submitted by the applicant serve as convincing evidence to show that he was in fact awarded the CIB and two DUC’s as he claims.  Accordingly, they should be added at this time. 

3.  Inasmuch as he had provided sufficient evidence to show that he was awarded the CIB, he should also be awarded the Bronze Star Medal (BSM) based on his award of the CIB and it should be added to his WD AGO Form    53-55 at this time.



BOARD VOTE:

____X___  ____X___  ___X__ _  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20120016676, dated 5 February 2013.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Awarding him the Bronze Star Medal based on his award of the CIB
* Adding the awards of the CIB, BSM and Distinguished Unit Citation with one oak leaf cluster to his 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)                                         AR20130005956





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ABCMR Record of Proceedings (cont)                                         AR20130005956



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