RECORD OF PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            09 MARCH 2004                  
	DOCKET NUMBER:   AR2003091800

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Shirley L. Powell		Member	
	Ms. Barbara J. Ellis		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests award of the Presidential Unit Citation, “Sharpshooters Badge,” and the Silver Star.  As an alternative to the Silver Star, he also requests award of the Distinguished Service Cross or the Medal of Honor.  The applicant also asks that his records be reviewed for appointment as a second lieutenant.

2.  The applicant states, in effect, that his unit was awarded a Presidential Unit Citation and that he believes he is entitled to the “Sharpshooters Badge.”

3.  The applicant also cites the actions for which he was told he would be awarded the Silver Star and possibly the Distinguished Service Cross or the Medal of Honor.

4.  The applicant also states that he was given a “field commission when the Battalion Commander came to our foxhole where [his company commander] couldn’t perform any longer.”  He states he was “verbally given 2nd Lt. status.”

5.  He states he would like the corrections made for “family history.”

6.  The applicant provides an extract from a magazine article indicating that the 363rd Infantry Regiment has been awarded the Presidential Unit Citation.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 
23 October 1945.  The application submitted in this case is dated 20 May 2003.  

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant requested correction of his records to show award of the Silver Star, or in the alternative a Distinguished Service Cross or the Medal of Honor.  There are no orders or other evidence authorizing award of any of those decorations.  In the absence of a proper award authority for these decorations, the applicant may request award of any of those decorations under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for these decorations under Section 1130 and, as a result, it will not be discussed further in the Record of Proceedings.
4.  The applicant’s 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 the applicant’s 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.  

5.  The applicant’s separation document indicates that he entered active duty on 25 November 1942 and arrived in the European Theater of Operations in May 1944 where he was assigned as an infantry squad leader with the 363rd Infantry Regiment.

6.  The applicant returned to the United States in August 1945 after being awarded, among other things, the Combat Infantryman Badge and a Purple Heart.

7.  He was honorably discharged on 23 October 1945 as a result of demobilization.  His separation document indicates that he was discharged in the enlisted grade of sergeant.

8.  A review of Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) confirms that the applicant’s unit was awarded a Distinquished Unit Citation (now known as the Presidential Unit Citation) for actions occurring between 12 and 19 September 1944.  The applicant’s separation document does not reflect entitlement to that unit award.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is to be awarded to individuals who were authorized the Combat Infantryman Badge or the Combat Medical Badge for service during World War II.  Awards of the Bronze Star Medal based on the Combat Infantryman Badge or Combat Medical Badge are commonly referred to as conversion awards.

10.  Army Regulation 600-8-22 also states that a basic marksmanship 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 he or she qualified.  Basic qualification badges are of three classes; expert, sharpshooter, and marksman.  

11.  Army Regulation 605-10, in effect at the time, established the policies and provisions for the appointment of officers.  It stated that authority existed “during the present emergency, temporary appointments as officers in the Army of the United States may be made, under such regulations as the President may prescribe, from among qualified persons without appointing such persons as officers in any particular component of the Army of the United States.”  The regulation specified that when a commander of United States forces outside the continental United States was granted special authority by the War Department to appoint or to recommend the appointment of officers, Army of the United States, the qualifications for appointment would be indicated in the special War Department instructions authorizing the appointment.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant’s unit was awarded a Distinguished Unit Citation (now known as the Presidential Unit Citation) while he was a member of the organization.  His records should be corrected accordingly.

2.  The evidence also confirms that the applicant is entitled to a Bronze Star Medal as a conversion award based on his Combat Infantryman Badge.

3.  Unfortunately, the absence of the applicant’s military personnel file makes it impossible to confirm his qualification as a sharpshooter with any military weapon.  As such, there is no basis to correct his record to reflect qualification as a sharpshooter.

4.  There was also no evidence confirming that the applicant had been appointed as a second lieutenant during World War II.  In the absence of such evidence, there is no basis to correct the applicant’s records to show that he was appointed as a second lieutenant.

BOARD VOTE:

__SAC __  __SLP __  __BJE___  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

a.  showing that he is entitled to a Presidential Unit Citation; and

b.  showing that he is entitled to a Bronze Star Medal as a conversion award based on his Combat Infantryman Badge.

2.  The Board further determined that the evidence presented is 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 award of the “Sharpshooters Badge” and appointment as the second lieutenant.

		___Samuel A. Crumpler______
		        CHAIRPERSON

INDEX

CASE ID	AR2003091800	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040309	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.