PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:               12 September 2000               
	DOCKET NUMBER:      AR2000037775

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin Fowler		Chairperson	
	Mr. Fred Eichorn		Member	
	Ms. Carol Jo Suiter		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant, as the uncle, who is the next of kin, of the deceased former service member (FSM), requests that his nephew be awarded the Combat Infantryman Badge (CIB) and the Bronze Star Medal.

3.  The applicant states that due to an unusually large workload from World War II, the FSM’s record, after he was killed in action (KIA) on 14 November 1944, was never subsequently updated with the award of the Combat Infantryman Badge and the Bronze Star Medal.  He also states that upon receiving the FSM’s personal effects in 1999, data was furnished to reestablish the FSM’s record at the National Personnel Records Center (NPRC) and to have the FSM’s decorations reissued.  However, it was noted at this time that the award of the Combat Infantryman Badge and the Bronze Star Medal was missing.  In support of his application, he submits a copy of a memorandum from the War Department Transportation Corps, dated 27 March 1943, a copy of War Department Adjutant General Letter, dated 12 December 1944, a copy of the FSM Report of Death, dated 12 December 1944, a copy of the FSM’s Battle Casualty Report, dated 10 December 1944, a copy a letter from the Secretary of War, dated 13 January 1945, a copy of War Department Letter, dated 9 July 1945, a copy of a picture of the FSM’s personal effects pertaining to Marksmanship Badges, an extract from the history of the 6th Armored Division and a copy of an affidavit from a former service member.

4.  The FSM’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the FSM enlisted on 1 April 1942.  He served in the European-African-Middle Eastern Theater of Operations.

5.  The applicant provided a copy of a Report of Death and Battle Casualty Report which shows that the FSM was KIA on 14 November 1944.

6.  There are no orders in the available records, which show that the FSM was awarded the Combat Infantryman Badge or the Bronze Star Medal based on award of the Combat Infantryman Badge.

7.  The applicant submitted a War Department Letter, which indicates that the FSM was an assistant squad leader (653) in a rifle platoon which was aiding in the capture of the town of Landorff when he was shot by an enemy sniper and died.

8.  A DA Form 1577 (Authorization for Issuance of Awards), dated 20 January 2000, shows the National Personnel Records Center in St. Louis, Missouri, determined the FSM was posthumously entitled to the Purple Heart, the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal with one bronze service star, the World War II Victory Medal and the Honorable Service Lapel Button.
9.  The Report of Death provided by the applicant indicates that the FSM’s place of death and station of deceased was the European-African-Middle Eastern Theater of Operations.  The FSM’s DA Form 1577, dated 20 January 2000
shows that the FSM was only awarded one bronze service star to be worn on his European-African-Middle Eastern Campaign Medal. 

10.  The Board notes that the FSM is entitled to credit for participation in the Normandy Campaign, which occurred from 6 June 1944 to 24 July 1944, the Northern France Campaign, which occurred from 25 July 1944 to 14 September 1944 and the Rhineland Campaign, which occurred from 15 September 1944 to 21 March 1945.

11.  The applicant provided a copy of a picture which shows the FSM’s personal effects of the Marksman Marksmanship Qualification Badge with Grenade and Rifle Bars and the Expert Marksmanship Qualification Badge with Bayonet, Machine Gun and Carbine Bars.

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 Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  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 and holders of the Expert Infantryman Badge were entitled to expert infantry pay.  Therefore, soldiers had economic as well as intangible reasons to ensure that their records were correct. Thus, pay records are frequently the best available source to verify entitlement to this award.  The Awards Branch, Total Army Personnel Command, 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:

    a.  Light machine gunner (604)
    b.  Heavy machine gunner (605)
    c.  Platoon sergeant (651)
    d.  Squad leader (653)
    e.  Rifleman (745)
     f.  Automatic rifleman (746)
    g.  Heavy weapons NCO (812)
    h.  Gun crewman (864)

13.  Army Regulation 600-8-22 also provides, in pertinent part, that 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.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

14.  Army Regulation 600-8-22, provides, in pertinent part, that the European-African-Middle Eastern Campaign Medal is awarded for service within the European-African-Middle Eastern Theater between 7 December 1941 and 8 November 1945.  This medal is awarded to any service member who was permanently assigned in the theater, who was in a passenger status or on temporary duty for 30 consecutive days or 60 nonconsecutive days, or who was 
in active combat against the enemy and was awarded a combat decoration, or who was furnished a certificate by the commanding general of a corps or higher unit or independent force showing that he actually participated in combat.

15.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or in item 32 (Battles and Campaigns) of his WD AGO 53-55.
The Regulation also states authorized bronze service stars will be worn on the appropriate service or campaign medal.

16.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badge.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

CONCLUSIONS:

1.  Evidence of record shows that the FSM was killed in action on 14 November 1944 during World War II.

2.  Evidence of record shows that at the time of his death the FSM was serving as a combat infantryman and an assistant squad leader in an infantry rifle platoon, but there is no evidence he was awarded the Combat Infantryman Badge or the Bronze Star Medal based on award of the Combat Infantryman Badge.  

3.  In view of his status (KIA), the Board concluded that the FSM was eligible for award of the Combat Infantryman Badge at the time of his death.  Therefore, the Board has determined that the FSM is entitled to award of the Combat Infantryman Badge.  

4.  Based on the decision of the Board to award the Combat Infantryman Badge, the FSM is also entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge.

5.  The FSM was awarded the posthumous awards of the Purple Heart, the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal with one bronze service star, the World War II Victory Medal, the Honorable Service Lapel Button.  Therefore, he is entitled to correction of his records to show these awards.

6.  Evidence of record shows that the FSM served in the Normandy, Northern France and Rhineland Campaigns.  Therefore, the FSM is entitled to two additional bronze service stars for a total of three bronze service stars to be worn on his European-African-Middle Eastern Campaign Medal and correction of his records to show the European-African-Middle Eastern Campaign Medal with three bronze service stars.

7.  There are no orders available to the Board which authorize award of the Marksman Marksmanship Qualification Badge with Grenade and Rifle Bars and the Expert Marksmanship Qualification Badge with Bayonet, Machine Gun and Carbine Bars.  However, the applicant has provided a copy of a picture which shows the FSM’s personal effects of the Marksman Marksmanship Qualification Badge with Grenade and Rifle Bars and the Expert Marksmanship Qualification Badge with Bayonet, Machine Gun and Carbine Bars.  Upon review, the Board has determined that this evidence is sufficient as a basis for correction of the FSM’s record to show these awards.  Therefore, he is entitled to correction of his records to show these badges.

8.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That the FSM be posthumously awarded the Combat Infantryman Badge and the Bronze Star Medal based on award of the Combat Infantryman Badge.

2.  That an official certificate be prepared to show the FSM was posthumously awarded the Combat Infantryman Badge, the Bronze Star Medal based on award of the Combat Infantryman Badge, the Purple Heart, the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal with three bronze service stars, the World War II Victory Medal, the Honorable Service Lapel Button, the 
Marksman Marksmanship Qualification Badge with Grenade and Rifle Bars and the Expert Marksmanship Qualification Badge with Bayonet, Machine Gun and Carbine Bars.

BOARD VOTE:  

CMF____  FE______  CJS____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_CALVIN F. FOWLER______
		        CHAIRPERSON

INDEX

CASE ID	AR2000037775	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000912	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	KIA  14 NOV 44	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  60		
2.  61		
3.  46		
4.		
5.		
6.