RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           22 January 2004                   
	DOCKET NUMBER:   AR2003089360

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Ronald J. Weaver		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 that his military record be corrected to show that he was separated as a corporal (CPL - Grade 5), or sergeant (SGT - Grade 4), not a Private First Class (PFC - Grade 6).

2.  The applicant telephonically amended his application to request any and all awards and decorations to which he may be entitled.

3.  The applicant states that he served as a machine gunner and was a PFC when he was assigned to the European Theater of Operations (ETO).  He was injured and hospitalized and believes that he should have received a promotion.  He is 82 years of age and desires that his Veterans Administration (VA) headstone show something other than PFC.

4.  The applicant provides in support of his request a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) which he desires to have returned to him.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error or injustice which occurred on 9 October 1945.  The application submitted in this case is dated 11 April 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's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from a partially reconstructed record.  

4.  The available evidence shows that the applicant was inducted into the Army of the United States on 31 May 1944 and served until honorably discharged on 9 October 1945, a total of 1 year, 4 months, and 10 days.  He served in the ETO from 27 November 1944 to 21 April 1945.  He was wounded in action in France 

on 9 January 1945 and was medically evacuated to the United States, returning on or about 7 May 1945.  He never returned to the ETO and was honorably separated from the Percy Jones Hospital Center, Fort Custer, Michigan with a certificate of disability.

5.  The applicant's WD AGO Form 53-55 shows that he served in military occupational specialty (MOS) 605 (Heavy Machine Gunner) as a member of Company H, 114th Infantry Regiment, 44th Infantry Division.  He was credited with participation in two campaigns (Northern France and Rhineland).  His listed awards include the Purple Heart (PH), Good Conduct Medal (GCMDL), and the European-African-Middle Eastern (EAME) Campaign Medal with two bronze service stars.

6.  The applicant, as a newly inducted Soldier, would have held the rank of Private (PVT).  It is not known when he was promoted one grade to PFC; however, he was honorably discharged on 9 October 1945 in the rank of PFC.  There is no indication in the limited available records that he was ever on a promotion list to any grade above PFC.  There were no provisions for automatic promotions other than for prisoners of war (POW) who remained in a POW status for 18 months or longer.

7.  War Department Circular 269-1943 established the Combat Infantryman Badge (CIB) and the Expert Infantryman Badge (EIB) to recognize and provide an incentive to infantrymen.  The EIB was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  The CIB was awarded for exemplary conduct in action against the enemy.  War Department Circular 186-1944 further provided that the CIB was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.  The Awards Branch, Total Army Personnel Command, has advised in similar cases that, during World War II, the CIB 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)

All Soldiers are provided basic combat skills training after they enter the Army.  This is provided to insure that all Soldiers have the survival skills to perform 

basic infantry missions when the need arises.  However, no other Soldier in combat is more exposed on a daily basis to the dangers and hardships of war, and no other branch of the service suffers more casualties than the infantry.  To maintain the prestige, uniqueness, and traditional value of the CIB, the criteria for award has changed little over the years.

8.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It states, in pertinent part:

	a.  The BSM is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal awards, formal recommendation, approval through the chain of command, and announcement in orders is required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  During World War II, it 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 was considered to be a citation in orders.  This meant, in effect, that the BSM was to be awarded to individuals who were authorized either badge for service during World War II.  

	b.  The American Campaign Medal (ACM) is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service includes permanent assignment outside the Continental United States, or duty outside the continental United States in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of 1 year.

	c.  The World War II Victory Medal (WWII Victory Medal) is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence that the applicant was ever promoted to the rank of CPL or SGT.  Had the applicant been under consideration for promotion as a member of Company H, 114th Infantry Regiment, that consideration most likely ended with his medical evacuation out of the ETO.  It is simply no longer possible to determine whether the applicant ever would have been promoted beyond PFC.

2.  The applicant's WD AGO Form 53-55 fails to reflect all of the awards and decorations to which he is entitled.  It is determined the applicant is entitled to award of the BSM, ACM, WW II Victory Medal, and CIB.  His record should be corrected to reflect these awards.

3.  The applicant's awards may be reflected on his VA headstone, thus it is important that such prestigious awards (especially the BSM and CIB) be reflected along with his PH.

BOARD VOTE:

__jhl___  __aao___  __rjw___  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 showing he is entitled to the following additional awards and decorations:  the BSM, ACM, WW II Victory Medal, and CIB.

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 changing his rank from PFC to CPL or SGT.

			Joann Langston
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003089954	
SUFFIX		
RECON		
DATE BOARDED	20040122	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0060	
3.	107.0066	
4.		
5.		
6.