IN THE CASE OF:	  

		BOARD DATE:	 1 April 2014 

		DOCKET NUMBER:  AR20130013056 


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 late father, a former service member (FSM), be awarded the Combat Infantryman Badge, the Bronze Star Medal, and Prisoner of War Medal.

2.  The applicant states:

   a.  His father meets all the criteria according to Federal law.  His father was a machine gunner, was personally present under hostile fire while serving in the infantry, and was wounded while actively engaging the enemy in ground combat. His father earned these medals with his blood and honor.

   b.  According to the military's own criteria, his father should be awarded the Combat Infantryman Badge and Bronze Star Medal.  Too many grunts go without recognition while others who didn't do the hardcore fighting get all the praise, glory, and medals.  His father fought many battles in Alaska, France, and Holland.  He then suffered in a German prisoner of war camp.  His father was never awarded the Prisoner of War Medal which he requested after his father died.

   c.  If the Board states his father doesn't meet the requirements for the Combat Infantryman Badge and Bronze Star Medal, then the Board is saying his father never served as an infantryman, in combat, against a hostile enemy.  The National Archives has the record of his father as a prisoner of war.  He is submitting a copy of a morning report which lists his father's status from being killed in action to missing in action.
3.  The applicant provides copies of the following:

* Company Morning Report
* FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge)
* his birth certificate and FSM's death certificate
* The Operations of Company B, 48th Armored Infantry Battalion, 7th Armored Division in the Vicinity of Meijel, South of Nijmegen, Holland (Rhineland Campaign), Orientation
* FSM's death notice and that of another member of his father's unit

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 to the Board for review. A fire destroyed approximately 16 million service members’ records at the National Personnel Records Center in 1973.  It is believed his records were destroyed in that fire.  However, there was sufficient documentation contained in a reconstructed record and those provided by the applicant for the Board to conduct a fair and impartial review of this case.

3.  The available records show the FSM enlisted in the Army National Guard on 16 June 1940.  He entered active duty on 6 January 1941 and he held military occupational specialty 604 (light machine gunner).  He served in the:

* Asiatic-Pacific Theater from 8 March 1942 through 7 March 1944
* European-African-Middle Eastern Theater from 26 August 1944 through 1 May 1945

4.  The applicant provided a copy of a Company Morning Report, dated 4 November 1944, which shows Company B, 48th Armored Infantry Battalion, reported the FSM as missing in action on 29 October 1944.
5.  The FSM was discharged on 6 August 1945.  His WD AGO Form 53-55 shows in:

* Item 31 (Military Qualification and Date) - Marksman Marksmanship Qualification Badge with Rifle Bar - 2 June 1944
* Item 32 (Battles and Campaigns) - Aleutian Islands, Rhineland, and Central Europe
* Item 33 (Decorations and Citations) - the American Defense Service Medal, Army Good Conduct Medal, European-African-Middle Eastern Campaign Medal with two bronze service stars, Asiatic-Pacific Campaign Medal with one bronze service star, and Purple Heart
* Item 34 (Wounds Received in Action) – Wounded in left thigh
* Item 55 (Remarks) – World War II Honorable Lapel Button

6.  The applicant also provided a copy of the Operations of Company B, 48th Armored Infantry Battalion, 7th Armored Division, in the Vicinity of Meijel, South of Nijmegen, Holland (Rhineland Campaign), Orientation which described the operations of the unit during the British offensive to clear the Scheldt Estuary.

7.  The U.S. National Archives and Records Administration World War II Prisoners of War Data File lists the FSM as a prisoner of war from 29 October 1944 through 21 July 1945.  However, this date appears to be merely a report date and not the date of repatriation.  Information about his POW camp (Stalag II-Neubrandenburg/Mecklenburg) shows that by the middle of April 1945 most of the prisoners in the camp were marched westward ahead of the advancing Red Army and within a few days they were liberated by British troops.

8.  The applicant further provided a copy of the FSM's death certificate which shows he died on 5 September 1972.

9.  Army Regulation 600-8-22 (Military Awards) states:

   a.  The Combat Infantryman Badge is awarded to an infantryman satisfactorily performing infantry duties, is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participate in such ground combat.  

   b.  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 Badge or the Combat Medical Badge was considered to be a citation in orders.  That meant, in effect, that the Bronze Star Medal was to be awarded to individuals who were authorized either badge for service during World War II.
   
   c.  The Prisoner of War Medal is authorized for any person who, while serving in any capacity with the U.S. Armed Forces, was taken prisoner and held captive after 5 April 1917.

   d.  The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

   e.  The American Campaign Medal is awarded for service within the American Theater between 7 December 1941 and 2 March 1946 outside the continental limits of the United States for a period of 30 consecutive days or 60 nonconsecutive days.

10.  Army Regulation 635-5 (Separations Documents) establishes the standardized policy for preparing and distributing discharge documents.  It states for a Soldier with POW documentation, enter the statement "PRISONER OF WAR, (unit of assignment/country) (date of capture and release date)" in item 32 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  The FSM was awarded the Purple Heart for being wounded in action in connection with military operations against a hostile force during his period of service during World War II.  Notwithstanding the absence of orders for the Combat Infantryman Badge, the evidence shows he served in an infantry MOS in an infantry unit and he was wounded in action as a result of hostile action.  Therefore, he is entitled to award of the Combat Infantryman Badge and its addition to his WD AGO Form 53-55.  

2.  Furthermore, based on regulatory guidance, the FSM is entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge and correction of his records to show this award.

3.  The FSM completed a qualifying period of service for award of the American Campaign Medal and the World War II Victory Medal.  Therefore, his WD AGO Form 53-55 should be corrected to show these awards. 

4.  The FSM was held a prisoner of war from 29 October 1944 through an unknown date.  The U.S. National Archives and Records Administration World War II Prisoners of War Data File lists the FSM as a prisoner of war as of 29 October 1944, and it appears he was liberated around 20 April 1945.  

5.  The FSM is entitled to addition of the Prisoner of War Medal to his WD AGO Form 53-553.  In accordance with regulatory guidance, it would be appropriate to add the entry "Prisoner of War, Company B, 48th Armored Infantry Battalion, Germany, 29 October 1944 through on or about 20 April 1945" on his WD AGO Form 53-55.

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 a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* awarding the FSM the Combat Infantryman Badge during World War II
* awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge 
* adding to his WD AGO Form 53-55 the Combat Infantryman Badge, Bronze Star Medal, World War II Victory Medal, American Campaign Medal, and Prisoner of War Medal
* adding the entry, "Prisoner of War, Company B, 48th Armored Infantry Battalion, Germany, 29 October 1944 through on or about 20 April 1945" to item 55 (Remarks) of 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)                                         AR20130013056





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ABCMR Record of Proceedings (cont)                                         AR20130013056



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