IN THE CASE OF: BOARD DATE: 12 November 2015 DOCKET NUMBER: AR20150003444 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant, the great-nephew of a deceased former service member (FSM), requests the FSM be awarded the Bronze Star Medal and the Combat Infantryman Badge. 2. The applicant states, in effect, that during the Battle of Moyon on 29 July 1944, the FSM died of wounds received in action. After years of research and working with the 22nd Infantry Regiment Society, it was discovered that the FSM participated in the Battle of Cherbourg as a member of Company A, 1st Battalion, 22nd Infantry Regiment, 4th Infantry Division. 3. The applicant provides the following as evidence with his application: * WD AGO Form 52-1 (Report of Death), dated 25 August 1944 * Hospital Admission Card created by the Office of the Surgeon General, Department of the Army (1942-1945) and (1950-1954), Information of the Year 1944 * 3-page historical record of the 1st Battalion, 22nd Infantry Regiment * a newspaper clipping that announced the FSM's death * his birth certificate and his mother's birth certificate CONSIDERATION OF EVIDENCE: 1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The FSM's military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed that the FSM's records were lost or destroyed in that fire. This case is being considered based on evidence the applicant provides and documents from the U.S. Army Human Resources Command (HRC). 3. The FSM's WD AGO Form 52-1 shows: a. The FSM was inducted into the Army of the United States on 10 June 1943. b. He was a sergeant (SGT)/E-5 in the Infantry at the time of his death. c. His place of death is listed as being in the European Area, with the cause of death being wounds received in action, and the date of death being 29 July 1944. d. His death was classified as a battle-related. 4. The applicant provides a Surgeon General's hospital admission record that indicates the FSM was an Infantryman and was treated for a femoral artery hemorrhage that required amputation at the thigh as a result of an artillery shell fragmentation. 5. As part of his records obtained from the NPRC, a memorandum to the applicant from the Awards and Decorations Branch of HRC stated, based on a review of information available to them, that the FSM was entitled to the: * Purple Heart * European-African-Middle Eastern Campaign Medal with Arrowhead and 2 bronze service stars * World War II Victory Medal * Presidential Unit Citation HRC also verified that the FSM was an infantryman assigned to an infantry unit and was a part of the 22nd Infantry Regiment, 4th Infantry Division. 6. Permanent Order 154-09, issued by HRC on 3 June 2014, awarded the FSM the Purple Heart (posthumously), as a member of Company A, 1st Battalion, 22nd Infantry Regiment, 4th Infantry Regiment for the period 29 July 1944, for wounds received as a result of hostile actions. 7. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) contains a register of unit citations and campaign participation credit for World War II. This pamphlet shows the 22nd Infantry Regiment, 4th Infantry Division was awarded the Distinguished Unit Citation (known now as the Presidential Unit Citation) for the period 26 July 1944 to 1 August 1944, by War Department General Orders (WDGO) No. 14, 1945. 8. WDGO No. 14, in pertinent parts, cited the 22nd Infantry Regiment for extraordinary heroism and outstanding performance of duty in action in Normandy, France, during the period 26 July to 1 August 1944. The regiment operated against hardened infantry, artillery, and panzer units, and overcame the stiffest German resistance in desperate engagements at St. Gillis, Canisy, le Mesnil Herman, Villebaudon, Moyon, Percy and Tessy-sur-Vire. There was little protection from the heavy artillery, which the Germans brought to bear on them. 9. The applicant also provides: a. A newspaper obituary that states that a War Department telegram informed the FSM's mother that the FSM, an infantryman, was killed in action in France on 29 July [1944]. It states he was known to have participated in the battle of Cherbourg. b. A 3-page historical record from the National Archives, of an interview with officers from the 1st Battalion, 22nd Infantry Regiment on 22 August 1944, in which they depicted their account of the battles and fighting that took place on 29 July 1944 in and around the town of Moyon [France], with the enemy using heavy artillery barrages and tanks to repeal their advances. c. His and his mother's birth certificates, establishing that his mother's father (his grandfather) is the FSM's brother. 10. 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. 11. Army Regulation 600-8-22 (Military Awards) states 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. Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II. DISCUSSION AND CONCLUSIONS: 1. The applicant's request that his great-uncle, the FSM, be awarded the Bronze Star Medal and the Combat Infantryman Badge was carefully considered. 2. The available information shows the FSM served in the infantry during World War II and was killed in action in the European Theater. After a review by the Awards and Decoration Branch of HRC, the FSM was posthumously awarded the Purple Heart as a result of those action against the enemy. WDGO No. 14 awarded his unit the PUC for the period of 26 July to 1 August 1944, which stated his unit was under heavy enemy artillery barrages and records show the FSM was fatally wounded as a result of artillery shell fragments that caused the hemorrhaging of his femoral artery on 29 July 1944. 3. It is logical to conclude the FSM, as an Infantryman, was satisfactorily performing his duty in action against the enemy. Therefore, he meets the criteria of award of the CIB. 4. As a result of meeting the criteria for award of the CIB, the FSM also meets the criteria for award of the Bronze Star Medal, for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945. BOARD VOTE: ___x____ ___x____ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the FSM the Combat Infantryman Badge effective 29 July 1944 and b. awarding the FSM the Bronze Star Medal based on his award of the Combat Infantryman Badge. __________x___________________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20130000883 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003444 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1