BOARD DATE:	  3 March 2015

		DOCKET NUMBER:  AR20140021230 


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 his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show award of the:

* Army of Occupation Medal with Germany Clasp
* Combat Infantryman Badge
* Presidential Unit Citation
* European-African-Middle Eastern Campaign Medal with three bronze service stars

2.  The applicant states:

   a.  He entered combat near Strasbourg, France on 24 December 1944 as a member of Task Force Linden, comprised of the 222nd, 232nd, and 242nd Infantry Regiments.  At the time, the main body of the 42nd Infantry Division remained in the Continental United States (CONUS) training.

   b.  He served in Berlin as a file clerk at the Office of Military Government United States from approximately 1 July 1945 to January 1946.  He left Bremerhaven, Germany to return to CONUS aboard the S.S. Vassar Victory on 25 January 1946.  Records of this service period were probably destroyed in the 1973 fire at the National Personnel Records Center (NPRC), St. Louis, MO.

   c.  In a February 1946 ceremony in France reconstituting the complete         42nd Division, members of Task Force Linden were presented the Combat Infantryman Badge.  Block 31 (Military Qualification and Date) of his WD AGO Form 53-55 contains an asterisk denoting a remark.  The missing remark, likely pertaining to the Combat Infantryman Badge, suggests a typist's oversight.
   
   d.  The Presidential Unit Citation was issued on 10 January 2001, well after completion of his service with the 222nd Infantry Regiment.  Likely owing to the early Task Force Linden movement to Europe, his service in the Ardennes-Alsace Campaign may have been overlooked.

3.  The applicant provides:

* WD AGO Form 53-55
* Citation
* Honorable Discharge
* Army Exchange Ration Card
* Presidential Unit Citation
* Regulatory extracts
* Photographs
* Extracts from "A Combat History of World War II (WWII)"

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 record is not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered primarily using his WD AGO Form 53-55 and several documents provided by the applicant and the NPRC, St. Louis, MO.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 7 August 1943 and he entered active duty on 28 August 1943.  His most significant unit of assignment was with Company H, 222nd Infantry Regiment.  He was honorably discharged on 15 February 1946, after completing a total of 2 years, 5 months, and 18 days of active military service with 1 year, 2 months, and 14 days of foreign service.  He performed duty in military occupational specialty (MOS) 055 (File Clerk) and he held the rank of technician five at the time of separation.

4.  His WD AGO Form 53-55 also contains the following pertinent information.

	a.  Item 31 shows he was awarded the Expert M1 Rifle and Carbine 1st 
Class Gunner Marksmanship Badges.

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

	c.  Item 33 (Decorations and Citations) shows he was awarded the Bronze Star Medal, Purple Heart, American Theater Service Medal, European-African-Middle Eastern Campaign Medal, Army Good Conduct Medal, and World War II Victory Medal.

   d.  Item 34 (Wounds Received in Action) shows he was wounded in Europe on 5 April 1945.
   
   e.  Item 36 (Service Outside Continental United States and Return) shows he arrived in Europe on 9 December 1944 and departed for CONUS on 25 January 1946.
 
5.  His records contain a War Department Form 372A (Final Payment - Work Sheet), dated February 1946, which shows he was paid $15.00 combat infantry pay for the period 1 January to 15 February 1946.

6.  The applicant provides:

   a.  A citation for award of the Bronze Star Medal, dated 15 September 1945.  The medal was awarded to the applicant while serving in the rank of private first class, as a member of the infantry, while assigned to Company H, 222nd Infantry Regiment, for heroic achievement in action on 5 April 1945, at Wurzburg, Germany.  The citation reads:
   
   	"When the enemy launched a strong counter-attack against his mortar platoon, [the applicant] maneuvered his way to a nearby building from which he could bring rifle fire to bear on the attacking enemy.  Although he was wounded while seeking a vantage point from which to fire on the attackers, he continued to deliver effective fire until ordered to withdraw for medical treatment.  Through his outstanding courage and aggressiveness, [the applicant] played a major role in repelling a strong enemy attack.  Entered military service from Mount Vernon, Washington."

   b.  A Presidential Unit Citation awarded to the 222nd Infantry Regiment for extraordinary heroism and outstanding performance of duty in action against the enemy on 24 and 25 January 1945, in the bois D'Ohlungen, and the vicinity of Schweighausen and Neuborg, France.

7.  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, World War II holders of the Combat Infantryman Badge received a monthly pay supplement known as combat 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 Combat Infantryman Badge 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)

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

   a.  During WWII, the Bronze Star Medal was 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.

	b.  The Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility.  For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.  Paragraph 5-10 of this regulation also states, in pertinent part, that Soldiers who served in the European Theater during the occupation of Europe will wear the clasp inscribed "Germany."

9.  Department of the Army Pamphlet 672-1(Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  This pamphlet shows in addition to the campaigns already shown on the applicant's WD AGO Form 53-55, the 222nd Infantry Regiment was also credited with serving in the Ardennes-Alsace campaign for the period 16 December 1944 through 25 January 1945.

10.  Evidence shows the 222nd Infantry Regiment was cited for award of the Presidential Unit Citation for extraordinary heroism and outstanding performance of duty in action against the enemy on 24 and 25 January 1945, in the bois D'Ohlungen, and the vicinity of Schweighausen and Neuborg, France.

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the applicant served in an infantry MOS during his overseas deployment.  The applicant served honorably and with distinction during World War II while participating in the Rhineland, Central Europe, and Ardennes-Alsace campaigns.  He was awarded the Bronze Star Medal and the Purple Heart for his actions and wound received on 5 April 1945, at Wurzburg, Germany.  Based upon his receipt of combat infantry pay it appears he was awarded the Combat Infantryman Badge and he should be entitled to correction of his records to show it. 



2.  Based on his award of the Combat Infantryman Badge, he is now entitled to award of a second Bronze Star Medal and correction of his WD AGO Form 53-55 to show this award.

3.  With respect to award of the Army of Occupation Medal with Germany Clasp, the applicant's WD AGO Form 53-55 shows he was assigned to the 222nd Infantry Regiment.  Department of the Army Pamphlet 672-1 lists unit citations, foreign awards and occupation credit that units received during World War II.  The applicant's unit is listed as receiving occupation credit.  Therefore, he is entitled to award of the Army of Occupation Medal with Germany Clasp.

4.  Evidence shows the applicant's unit was cited for award of the Presidential Unit Citation during his period of his assignment.  Therefore, the applicant's     WD AGO Form 53-55 should be corrected to show this unit award.

5.  Based on the applicant's period of assignment to the 222nd Infantry Regiment, he should receive campaign credit for the Ardennes-Alsace campaign and correction to his previously awarded European-African-Middle Eastern Campaign Medal to show three bronze service stars.

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.  deleting from item 33 of the applicant's WD AGO Form 53-55 the European-African-Middle Eastern Campaign Medal; 
   
   b.  awarding the applicant the Bronze Star Medal (1st oak leaf cluster) based upon his award of the Combat Infantryman Badge; 
   
   c.  adding "Ardennes-Alsace" to item 32 of the applicant's WD AGO              Form 53-55; and

	d.  adding to item 33 of the applicant's WD AGO Form 53-55 the:

* Combat Infantryman Badge
* Bronze Star Medal (1st oak leaf cluster)
* Army of Occupation Medal with Germany Clasp
* Presidential Unit Citation
* European-African-Middle Eastern Campaign Medal with three bronze service stars



      __________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)                                         AR20140021230





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ABCMR Record of Proceedings (cont)                                         AR20140021230



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