IN THE CASE OF:
BOARD DATE: 8 May 2014
DOCKET NUMBER: AR20130016144
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 sister of a deceased former service member (FSM), requests correction of the FSM's records to show award of the Combat Infantryman Badge and the Bronze Star Medal.
2. The applicant states she was not aware until recently that the FSM was eligible for this badge and medal.
3. The applicant provides copies of a 1944 newspaper clipping and her Certificate of Birth.
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 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 FSM'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. A hospital card dated 6 June 1944 reports that the FSM, who was a member of the 505th Parachute Infantry Regiment, was killed in action on that same day.
4. A WD AGO Form Number 52-1 (Report of Death), dated 13 July 1944, shows that the FSM was an infantryman who was killed in action on 6 June 1944.
5. A letter in the FSM's records, dated 21 August 1944, written by the FSM's Chaplain, states he had accompanied the FSM into battle. The FSM fought bravely and was a real credit to his country.
6. A letter in the FSM's records, dated 2 December 1944, written by Acting The Adjutant General, states the FSM was posthumously awarded the Purple Heart.
7. War Department Circular 269-1943 established the Combat Infantryman Badge. 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.
8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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 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 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 is considered to be a citation in orders. Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows that the FSM served bravely in combat as an infantryman with an infantry regiment. It is very reasonable to believe that had he lived long enough to get through D-Day, he would have been awarded the Combat Infantryman Badge. Therefore, it would now be appropriate to posthumously award him this badge.
2. Based on the award of the Combat Infantryman Badge, the FSM is also authorized award of the Bronze Star Medal.
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:
a. awarding the FSM the Combat Infantryman Badge effective 6 June 1944; and
b. awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge.
_______ _ _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) AR20130016144
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ABCMR Record of Proceedings (cont) AR20130016144
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