PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           25 September 2001                   
	DOCKET NUMBER:   AR2001059446

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Ronald E. Blakely		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 requests that the records of his deceased brother, a former service member (FSM), be corrected to show he was awarded the Bronze Star Medal (BSM) and the Presidential Unit Citation.

3.  The applicant states that he has been told the FSM is eligible for the BSM because he was awarded the Combat Infantryman Badge.  His brother died never knowing he was entitled to the BSM but in his memory the applicant would like to obtain his medal to proudly put on his uniform, which they have and are planning to donate to the Merrill’s Marauders Museum that is to be built in Georgia.  He finally realizes what his brother went through going 600 miles behind enemy lines for months at a time.

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

5.  The FSM was inducted into the Army on 9 October 1942 and entered active duty on 23 October 1942.  He arrived in the Asiatic-Pacific Theater of Operations on 29 December 1943.  He was assigned to the 5307th Composite Unit (Provisional) as a pack driver and saddle and harness maker.  

6.  General Order 5, Headquarters, 475th Infantry dated 15 September 1944 awarded the applicant the Combat Infantryman Badge effective 20 February 1944.  Department of the Army Pamphlet 672-1 shows that General Order 54 dated 1944 awarded the 5307th Composite Unit the Distinguished Unit Citation for the period 3 March – 17 May 1944.

7.  The applicant departed the Theater on 2 March 1945 and was separated on 13 December 1945.  The Combat Infantryman Badge and the Distinguished Unit Citation are not listed on his Report of Separation, WD AGO Form 53-55.

8.  The FSM died on 11 January 1988.  His brother, the applicant, is listed as the informant on the death certificate.

9.  Army Regulation 600-8-22 prescribes Army policy and criteria concerning individual military awards.  In pertinent part, it states that the CIB was established during World War II to provide special recognition of the unique role of the Army infantryman, the only soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain.  The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen.  In developing the CIB, the War Department did not dismiss or ignore the contributions of other branches.  Their vital contributions to the overall war effort were noted, but it was decided that other awards and decorations were sufficient to recognize their contributions.  From the beginning, Army leadership have taken care to retain the badge for the unique purpose for which it was established.  There are basically three requirements for award of the CIB.  The soldier must be an infantryman satisfactorily performing infantry duties, must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.  

10.  Army Regulation 600-8-22 also provides for 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.

11.  Effective 3 November 1966, the Distinguished Unit Citation was redesignated the Presidential Unit Citation.

CONCLUSIONS:

1.  The evidence of record shows that the FSM was assigned to a unit during a period of time that unit was awarded the Distinguished Unit Citation, later redesignated the Presidential Unit Citation.

2.  The evidence of record shows that the FSM did not hold an infantry military occupational specialty.  The Board is cognizant that although he performed valuable services during World War II, those services would not normally qualify him for award of the CIB.  Many individuals were probably not aware of the strict requirements for award of the CIB and commanders may have erroneously awarded the CIB where the eligibility criteria had not been met.  Nevertheless, that would normally be insufficient reason to grant the award.  

3.  However, the Board is mindful of the unusual mission of Merrill’s Marauders during the India-Burma campaign and that the fact that there were no “behind-the-front-lines” support troops assigned to that unit.  Orders were issued awarding the FSM the Combat Infantryman Badge.  Normally, the BSM is authorized based upon award of the Combat Infantryman Badge during World War II.  As an exception to policy and in this case only, the Board concludes that it would be appropriate to grant the relief requested.

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

RECOMMENDATION:

1.  That the FSM’s WD AGO Form 53-55 be amended to add the Presidential Unit Citation, the Combat Infantryman Badge, and the Bronze Star Medal.
2.  That the applicant be issued the Bronze Star Medal in the name of his brother.

BOARD VOTE:  

__jns___  __le____  __reb___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			John N. Slone
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001059446	
SUFFIX		
RECON		
DATE BOARDED	20010925	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	110.04	
2.	107.0014	
3.		
4.		
5.		
6.