IN THE CASE OF:	   

		BOARD DATE:	  10 June 2014

		DOCKET NUMBER:  AR20130015847 


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 son of a deceased former service member (FSM), requests correction of his father's record to show award of the Bronze Star Medal (BSM), Combat Infantryman Badge (CIB), and American Campaign Medal (ACM).  He also requests these awards be forwarded to the address provided. 

2.  The applicant states these awards are not reflected in the FSM's record.  The FSM was called to active duty on 8 February 1943 and served continuously in the continental United States until his transfer overseas on 17 March 1945.  The FSM was assigned to Company D, 342nd Infantry Regiment, 86th Infantry Division, 3rd Army on 15 April 1945 as a replacement.  He was killed in action (KIA) on 26 April 1945 while serving in the 342nd Infantry Regiment while crossing the Danube River in Ingolstadt, Germany.  Based on the information available to him the FSM is eligible for the CIB and ACM.

3.  The applicant provides 20 enclosures identified in a list. 

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 military records are not available to the ABCMR for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the FSM's records were lost or destroyed in that fire.  This case is being considered using the documents provided by the applicant.

3.  Headquarters, Armed Forces Recruiting and Induction Station, Lafayette, LA, Special Orders Number 31, dated 8 February 1943, show the FSM was inducted and subsequently ordered to active duty on 15 February 1943.

4.  On 3 March 1945, he successfully completed a 6-week course of Infantry Advanced Replacement Training Center subjects at Camp Gordon, GA.  

5.  A War Department Report of Death shows the FSM was KIA on 26 April 1945.

6.  Headquarters, 86th Infantry Division General Orders Number 39, dated 1 June 1945, awarded the FSM the BSM (Posthumous) for heroic achievement against the enemy in Germany on 26 April 1945.  In support of a river crossing by his company the FSM went forward to reconnoiter for gun positions on the banks of the river.  Although subjected to hostile artillery, mortar, and small arms fire, he performed this vital reconnaissance in full view of the enemy and, after selecting gun positions, guided his platoon into them.  While returning to a point on the forward bank, he was struck down by enemy fire and was killed.

7.  The applicant provides an extract of an unidentified document which lists the FSM's name with a rank designation of "CPL-SGT."  It lists his unit as Company D, 342nd Infantry Regiment, 86th Infantry Division and it indicates he was awarded the Purple Heart and BSM and that he was KIA.

8.  War Department Circular 269-1943 established the CIB to recognize and provide an incentive to infantrymen.  It 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.  

9.  Army Regulation 600-8-22 (Military Awards) provides that the ACM is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes service within the continental United States for an aggregate period of 1 year.

	a.  This regulation provides that bronze service stars are worn on campaign and service medals to denote participation in a named campaign and on the service ribbons to denote an additional award.  Named campaigns are listed in appendix B.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, which in this case is the European-African-Middle Eastern (EAME) Campaign Medal.

	b.  This regulation provides that the BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The BSM is 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 such achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the CIB is considered to be a citation in orders.  Therefore, the BSM is to be awarded to individuals who were authorized this badge for service during World War II.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows unit awards and campaign participation credit received by units serving in World War II.  It shows the 342nd Infantry Regiment, 86th Infantry Division, participated in the Central Europe campaign during the period 22 March to 11 May 1945.

DISCUSSION AND CONCLUSIONS:

1.  The FSM was KIA on 26 April 1945.  He had been trained as an infantryman, and he was serving as an infantryman when he was KIA.  Based on the FSM's BSM citation it is evident that he served in active ground combat while assigned to the 342nd Infantry.  Therefore, it appears he is entitled to award of the CIB.

2.  Based on award of the CIB, it would be appropriate to award him the BSM (2nd Award).

3.  Based on the available evidence, it appears the FSM served in the continental United States from 15 February 1943 until sometime in March 1945.  Therefore, he would have been authorized the ACM.

4.  The available records indicate he was authorized the EAME Theater Medal and that he participated in the Central Europe campaign.  As such, he was entitled to the EAME Campaign Medal with one bronze service star.
5.  The FSM has no separation document on which to enter awards due to his being KIA.  His record may be corrected by drafting an appropriate document indicating he was authorized the above awards and filing the document in his records.

6.  In conjunction with these corrections, it would be appropriate to issue the BSM (2nd Award), CIB, ACM, and EAME Campaign Medal with one bronze service star medal sets to the applicant.

BOARD VOTE:

____x___  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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:

   a.  awarding him the CIB effective 26 April 1945,
   
   b.  awarding him the BSM (2nd Award) based on award of the CIB, 
   
   c.  issuing an appropriate document showing the FSM was authorized the Bronze Star Medal with “V” Device (2d Award), Purple Heart, Combat Infantryman Badge, American Campaign Medal, and European-African-Middle Eastern Campaign Medal with one bronze service star, and
   
   d.  issuing the appropriate medal sets to the applicant.



      _______ _   _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)                                         AR20130015847



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ABCMR Record of Proceedings (cont)                                         AR20130015847



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