BOARD DATE:	  12 February 2015

		DOCKET NUMBER:  AR20140011553 


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, in effect, correction of the WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the Army of Occupation Medal (AOM) with Germany clasp.

2.  He states that he believes the award was overlooked due to the large number of Soldiers departing the service.

3.  He provides his WD AGO Form 53-55.

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 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 his records were lost or destroyed in that fire.  However, there were sufficient documents remaining for the ABCMR to conduct a fair and impartial review of this case.

3.  Records available to the Board show he was inducted into the Army of the United States on 2 July 1943.  He served in the European Theater of Operations (ETO) from 20 October 1944 to 28 February 1946 and was honorably discharged on 1 April 1946.

4.  His WD AGO Form 53-55 lists his organization as 409th infantry Regiment.  His military occupational specialty (MOS) is listed as 745 (Rifleman).

5.  Item 31 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the following campaigns:

* Central Europe 
* Rhineland

6.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows the following:

* American Campaign Medal
* European African Middle Eastern (EAME) Campaign Medal
* Good Conduct Ribbon
* World War II Victory Medal
* Purple Heart

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 5-11 provides guidance on the AOM and states it is authorized for 30 consecutive days of service while assigned to a qualifying area.  This award is authorized for service in Germany between 9 May 1945 and 5 May 1955.  
   
8.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) shows the 409th Infantry Regiment, during the applicant's tenure of assignment in the ETO, was awarded campaign credit for Ardennes, Central Europe, and Rhineland.  Additionally, his unit was awarded AOM credit and the Meritorious Unit Commendation (MUC).
.
9.  War Department Circular 269-1943 established the Combat Infantryman Badge (CIB) and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The CIB 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.  Additionally, World War II holders of the CIB received a monthly pay supplement known as combat infantry pay and holders of the Expert Infantryman Badge were entitled to expert infantry pay.  Soldiers had economic as well as intangible reasons to ensure that their records were correct; therefore, pay records are frequently the best available source to verify entitlement to this award.  The Military Awards Branch of the U.S. Army Human Resources Command (USAHRC) has advised in similar cases that, during World War II, the CIB was normally awarded only to enlisted individuals who served in the following positions:

* Light machine gunner (604)
* Heavy machine gunner (605)
* Platoon sergeant (651)
* Squad leader (653)
* Rifleman (745)
* Automatic rifleman (746)
* Heavy weapons NCO (812)
* Gun crewman (864)

10.  Army Regulation 600-8-22 states the Bronze Star Medal (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 achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the CIB or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the BSM is to be awarded to individuals who were authorized either badge for service during World War II.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's available military records confirm he was assigned to the 409th Infantry Regiment during the period the unit was assigned the AOM with Germany Clasp and the MUC.  Therefore, he is authorized correction of his records to show these awards. 

2.  His records also show he participated in three campaigns during World War II; however, only two campaigns are listed.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show the Ardennes campaign and three service stars for wear on his already-awarded EAME Campaign Medal.
3.  The evidence of record shows he was assigned as a Rifleman (745) in the 409th Infantry Regiment.  Additionally, it is presumed that he was awarded the Purple Heart confirms his contact with hostile forces.  Therefore, in the interest of equity and justice, it would be appropriate to award him the CIB and to correct his records to show this award.

4.  The regulation, as cited above, authorizes award of the BSM for individuals who were authorized the CIB for service during World War II.  Therefore, award of the CIB entitles him to award of the BSM and to correction of his records to show this award.

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 and the Bronze Star Medal, based upon award of the Combat Infantryman Badge, 

   b.  deleting from item 33 of his WD AGO Form 53-55 the European-African-Middle Eastern Campaign Medal; 
   
   c.  adding to item 31 of his WD AGO Form 53-55 the Combat Infantryman Badge;
   
   d.  adding to item 32 of his WD AGO Form 53-55 "Ardennes"
   
   e.  adding to item 33 of his WD AGO Form 53-55 the:
   
* Bronze Star Medal
* European-African-Middle Eastern Campaign Medal with three bronze service stars
* Army of Occupation Medal with Germany Clasp
* Meritorious Unit Commendation



      _______ _   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)                                         AR20140011553





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ABCMR Record of Proceedings (cont)                                         AR20140011553



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