IN THE CASE OF:	  

		BOARD DATE:	 22 July 2014 

		DOCKET NUMBER:  AR20130019209 


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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show award of the Combat Infantryman Badge and the Bronze Star Medal.

2.  The applicant's son states that he recently read an article in a local newspaper where a gentleman who was a prisoner of war (POW) in World War II was awarded the Combat Infantryman Badge for his combat action in the war and the Bronze Star Medal as a result of a 1947 policy awarding the Bronze Star Medal to World War II Combat Infantryman Badge recipients.  He has never seen either medal in his father's collection of honors from the war.  The applicant served as a Rifleman assigned to Company B, 275th Infantry Regiment and fought valiantly outside Philippsbourg, France.  With a large number of their unit dead or wounded, food and ammunition depleted, the remaining survivors were forced to surrender and they were marched in the bitter cold to a German POW camp.  All of this has been recounted in a book written entitled "Survival."  The applicant was finally liberated and spent many days on board a hospital ship and in a hospital in Miami, FL, where he healed from sufferings endured in the camps.

3.  Because of the applicant's obvious participation in battle and suffering in a German POW camp, it is assumed that it was just an oversight that resulted in him not being awarded the Combat Infantryman Badge and the Bronze Star Medal.  His son attempted to obtain these honors through the assistance from a U.S. Senator; however, they were informed that his records had been burned in a fire along with the records of thousands of other Soldiers.  In light of the fact that they could not verify he actually fought in battle, they could not authorize award of the Combat Infantryman Badge or the Bronze Star Medal.  Unfortunately, the pay records were also burned so, there is no way to prove that he received combat pay.

4.  The applicant provides:

* a WD AGO Form 53-55
* a letter from the National Personnel Record Center
* a screen shot from the National Purple Heart Hall of Honor internet website
* an extract from a book written by Sam Higgins entitled "Survival - Diary of an American POW in World War II"

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 record is 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 his records were lost or destroyed in that fire.  This case is being considered using a WD AGO Form 53-55 provided by the applicant and a partially reconstructed record provided by the National Personnel Records Center.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active duty on 19 May 1944.  His final unit of assignment was Company B, 275th Infantry Regiment.  He was honorably discharged on 6 December 1945 after completing a total of 1 year, 6 months, and 18 days.  He held the grade of private first class on the date of his separation.  

4.  Army Service Forces, Army Ground Forces and Service Forces Redistribution Station, Miami Beach, FL, General Orders Number 114, dated 29 July 1945, awarded the applicant the Purple Heart for being wounded in action while serving in Germany on 28 January 1945.

5.  The applicant's WD AGO Form 53-55 also contains the following pertinent information:

	a.  Item 4 (Arm or Service) shows he served in the infantry arm.

	b.  Item 30 (Military Occupational Specialty and Number) shows he was a Rifleman (745).

	c.  Item 31 (Military Qualification and Date ) does not show award of the Combat Infantryman Badge.

	d.  Item 32 (Battles and Campaigns) shows he participated in the Rhineland and Central Europe campaigns.

	e.  Item 33 (Decorations and Citations) shows he was awarded or authorized the Purple Heart, World War II Victory Medal, European-African-Middle Eastern Campaign Medal with two bronze service stars, American Theater Ribbon, and Good Conduct Medal.

	f.  Item 34 (Wounds Received in Action) shows he sustained a wound while serving in Germany in 1945.

	g.  Item 36 (Service Outside Continental U.S. and Return) shows he arrived in the European Theater of Operations on 15 December 1944 and departed on 29 April 1945.

	h.  Item 37 (Foreign Service) shows he performed 5 months and 6 days of foreign service.

6.  The World War II POW Data File, maintained by the National Personnel Records Center, contains information about U.S. military officers and Soldiers and some Allied civilians who were POWs and internees during the period 7 December 1941 through 19 November 1946.  This database shows the applicant was a POW from 8 January 1945 through 22 May 1945.  This database also shows that he was an infantryman assigned to the 275th Infantry Regiment at the time of his capture.

7.  A DA Form 1577 (Authorization for Issuance of Awards) rendered by the Department of the Army Personnel Center on 20 July 1988 shows the applicant was authorized and issued a POW Medal.
8.  On 28 February 2013, a representative of the National Personnel Records Center rendered a letter addressed to a U.S. Senator in response to the senator's inquiry on behalf of the applicant.  The senator was advised that as a result of the aforementioned fire at the National Personnel Records Center, the applicant's complete personnel and medical records may have been destroyed and could not be reconstructed and the information needed to answer the senator's inquiry was not available in their files.  However, the National Personnel Records Center was pleased to authorize shipment of the following awards based on the documents provided and/or official documents:

* Purple Heart
* POW Medal
* Good Conduct Medal
* American Theater Ribbon
* European-African-Middle Eastern Campaign Medal with two bronze service stars
* World War II Victory Medal
* Honorable Service Lapel Button World War II
* Marksman Marksmanship Qualification Badge

9.  The applicant provides:

	a.  A screen shot from the National Purple Heart Hall of Honor internet website which shows he is a Purple Heart Recipient as a result of wounds sustained while serving in Rhineland during World War II.

	b.  An extract from a book written by Sam Higgins entitled "Survival - Diary of an American POW in World War II."  This book is the story of an American POW from his own memories, his fellow POWs' recollections, and a secret diary he kept on the margins of his Bible.  The author states that "Company B engaged the enemy on Falkenberg Ridge on the outskirts of Philippsbourg.  We were overrun after one of the most intense battles of World War II, subsequently known as the Vosges Mountain Campaign.  After fighting, surrounded, for 5 days in the mountains in sub-zero weather, I capitulated along with the other remaining members of Company B."  The applicant's name is mentioned in the dedication and several other times throughout the book. 

10.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that 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.
11.  Army Regulation 600-8-22 provides 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.

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 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.  Additionally, Army Regulation 600-8-22 states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that the applicant's WD AGO Form 53-55 should be corrected to show he was awarded the Combat Infantryman Badge and the Bronze Star Medal were carefully considered and determined to have merit.

2.  Evidence clearly shows the applicant was an infantryman, assigned to a company-sized infantry unit who was awarded the Purple Heart for being wounded in action while serving in the European Theater on 28 January 1945.  As such, evidence clearly shows he participated in ground combat while assigned to a qualifying unit of brigade, regimental, or smaller size, while serving in a qualifying infantry specialty.  Therefore, it would be appropriate to award the applicant the Combat Infantryman Badge for participation in active ground combat against a hostile force on 28 January 1945 and to correct his WD AGO 53-55 to reflect this badge.

3.  Army Regulation 600-8-22 states the Bronze Star Medal is to be awarded to individuals who were authorized the Combat Infantryman Badge for service during World War II.  Therefore, the applicant is entitled to award of the Bronze Star Medal based upon his receipt of the Combat Infantryman Badge and correction of his WD AGO Form 53-55 to reflect this award.
4.  Evidence shows the applicant was awarded the POW Medal.  Therefore, it would be appropriate to correct his WD AGO Form 53-55 to reflect this 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 him the Combat Infantryman Badge for exemplary conduct in action against the enemy while serving in the European Theater on 28 January 1945;

	b.  awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge; 

	c.  adding the Combat Infantryman Badge to item 31 of his WD AGO Form 53-55; and

	d.  adding the Bronze Star Medal and the POW Medal to item 33 of 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)                                         AR20130019209





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ABCMR Record of Proceedings (cont)                                         AR20130019209



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