2.  The applicant requests that her deceased husband, a former service member (FSM), be awarded the Combat Infantryman Badge (CIB) and the Bronze Star Medal (BSM).

3.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources.

4.  A former comrade, who was assigned to Company F, 413d Regiment, 104th Infantry, provides a statement that the FSM was assigned as a rifleman to the  3d Platoon of Company F, 104th Infantry at Camp Carson, CO in February 1944. Shortly thereafter, the unit went to Fort Dix, NJ and from there overseas.  A short time after landing in Normandy, they were transferred to the 1st British Army and went into combat.

5.  On 3 November 1944, the unit made a night attack across a river in Holland and was counter-attacked by a company of Mark VI tanks.  The FSM got out of his foxhole, knelt and fired a bazooka at the lead tank.  The tank returned fire and the FSM was killed.  The former comrade was 30 feet away when he died.

6.  Army Regulation 600-8-22 provides for the award of the Combat Infantryman Badge to a soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participates in such ground combat.  

7.  It also provides, in pertinent part, for the award of the BSM 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 or Medical Badge 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.

8.  It provides, in pertinent part, that the Purple Heart is awarded to a soldier who is wounded or killed as a result of hostile action.  

CONCLUSIONS:

1.  As the FSM’s service records are not available and, since he was killed in action no separation document was prepared, there is no way to verify through normal military records that the applicant held an infantryman military occupational specialty (MOS).  However, the applicant has presented credible evidence from a former comrade that the FSM actually held an infantry MOS since he was assigned to an infantry platoon as a rifleman while still stateside.

2.  As such, after engaging in actual ground combat the FSM became eligible for the CIB and, as a result of being awarded the CIB, he was entitled to award of the BSM.

3.  The applicant does not state whether or not she ever received the Purple Heart for her husband.  This Board presumes that she did not even though he was entitled to that award, also.

4.  In view of the foregoing, it would be in the interest of justice to correct the FSM’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the FSM is entitled to award of the Combat Infantryman Badge, the Bronze Star Medal and the Purple Heart.

BOARD VOTE:

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION

                                                                         
    CHAIRPERSON