IN THE CASE OF:  

		BOARD DATE:  2 June 2015

		DOCKET NUMBER:  AR20140017674 


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 records to show his authorized awards.

2.  The applicant states that while he was on night patrol in German territory during World War II (WWII) he was reported missing.  His military records were returned to storage in St. Louis and the storage facility burned to the ground.

3.  The applicant provides:

* WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge)
* Honorable Discharge Certificate
* his narrative to support award of the Bronze Star Medal/Silver Star Medal

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 complete 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 his 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.  His WD AGO Form 53-55 shows:

	a.  He was inducted into the Army of the United States on 19 February 1943 and entered active duty on 26 February 1943.

	b.  He was separated on 18 September 1945 as a sergeant/E-5 with a Certificate of Disability.

	c.  He held military occupational specialty 745 (Rifleman) and he was assigned to Company K, 8th Infantry Regiment.

	d.  He participated in the Rhineland campaign.

	e.  He was awarded or authorized the European African Middle Eastern Theater Medal and the Purple Heart.

	f.  He was wounded in action on 28 February 1945 while in the European Theater of Operations (ETO).

	g.  He departed the continental U. S. on 10 December 1944 and arrived in the ETO on 23 December 1944.  He departed the ETO on 10 June 1945 and arrived in the U. S. on 16 June 1945.

5.  He completed 2 years and 16 days of active duty service including 6 months and 7 days of foreign service. 

6.  In his narrative to support award of the Bronze Star/Silver Star the applicant states:

	a.  He was an infantry squad leader with Company K, 4th Division in Europe  during and following the Battle of the Bulge.  Sometime after the Battle of the Bulge, his company commander sent him with a different squad on a night patrol into German territory.
	b.  The squad encountered machinegun fire and when the shooting stopped the applicant found himself alone and unable to find the rest of the squad.  He had no maps and almost no landmarks.  He went around a hill and found an injured American Soldier.  He rendered first aid and carried him as far as he could then covered the injured Soldier with leaves and found his way back to his company.  

	c.  His company commander told him the rest of the squad got back safely and they thought he had been killed.  When the applicant didn’t return the company commander sent his records back to St. Louis and told them he was missing in action. 

	d.  He was also informed that they had found the injured Soldier in good condition.  The commander told the applicant that he would be given the Silver Star for saving another American Soldier's life.

	e.  Later in the war he was wounded in Coblenz and sent to a hospital in France where he was given the Purple Heart.  

	f.  As a full-fledged 4th Infantry combat Soldier he is entitled to wear the infantry cord given to them by the French for the liberation of Paris, the Combat Infantryman Badge, the European African, Middle East Medal and the blue Presidential Unit Citation.

	g.  He is now 91 years of age and in good health and would like to receive the additional medals.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Bronze Star Medal is awarded to members of the Armed Forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge (CIB) awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.

	b.  The American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

	c.  The WWII Victory Medal was awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that during the period the applicant was assigned to the ETO his unit was credited with participating in two campaigns.  A bronze service star is authorized for wear on his European African Middle Eastern Campaign Medal for each campaign.  The pamphlet does not show that his unit received an award from the French government for any periods that coincided with his assignment to the ETO.

9.  Army Regulation 600-70 (Badges), dated 15 April 1948, stated the CIB was authorized for award to an infantry officer, warrant officer, or enlisted man who satisfactorily performed duty while assigned as a member of an infantry regiment or infantry battalion during any period such unit was engaged in active ground combat.  Commanding officers of infantry regiments and separate infantry battalions were the award authorities.

DISCUSSION AND CONCLUSIONS:

1.  Although there are no available orders showing the applicant was awarded the CIB, his record shows he met the regulatory criteria as he was a rifleman, assigned to an infantry regiment and he received the Purple Heart for wounds received in action.  

2.  Based on award of the CIB, he is authorized award of the Bronze Star Medal. 

3.  The dates of his service in the European theater show his unit participated in the Ardennes-Alsace and Central Europe Campaigns and he is authorized three bronze service stars for his already-awarded European African Middle Eastern Campaign Medal. 

4.  He served a qualifying period for award of the American Campaign Medal and the WWII Victory Medal.

5.  His WD AGO Form 53-55 should be corrected to show these awards.

6.  There is no available evidence showing he was recommended for or awarded the Silver Star or that his unit was awarded the Presidential Unit Citation or a foreign unit award during his period of assignment in the ETO.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation partial for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* awarding him CIB and the Bronze Star Medal for service on 28 February 1945
* adding the following awards to his WD AGO Form 53-55 –

* Bronze Star Medal
* Combat Infantryman Badge 
* American Campaign Medal 
* three bronze service stars to be worn on his already-awarded European African Middle Eastern Campaign Medal
* WWII Victory Medal


2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to showing the applicant was awarded the Silver Star or that his unit was awarded the Presidential Unit Citation or a foreign unit award during his period of assignment.



      __________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)                                         AR20130006220



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ABCMR Record of Proceedings (cont)                                         AR20140017674



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