IN THE CASE OF: BOARD DATE: 9 August 2021 DOCKET NUMBER: AR20200009318 APPLICANT REQUESTS: reconsideration of his previous request for correction of his records with the additional requests for: * award of the Combat Infantryman Badge (CIB) * award of the Bronze Star Medal (BSM) * correction of his military occupational specialty (MOS) 11B4O (Infantryman) (known during World War II as MOS 745 (Rifleman)) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the provisions of Title 10, U.S. Code, Section 1552) with introduction * Self-authored Letter, undated * WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel – Prior to Discharge, Release from Active Duty or Retirement), 27 January 1946 * WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge), separation date 28 January 1946 * WD AGO Form 100 (Army of the United States – Separation Qualification Record), 28 January 1946 * War Department Form 372-B (Final Payment – Work Sheet), 28 January 1946 * Applicant's request to Member of Congress, 1 August 2005 * Applicant's Platoon Leader letter of support, 20 June 2006 * National Personnel Records Center (NPRC) letter to his Member of Congress, 13 August 2007 * Department of Veterans Affairs (VA) Health Care letter, 13 February 2020 * Numerous other documents FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20050001413 on 13 October 2005. 2. The former service member's complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the NPRC in 1973. It is believed the former service member's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record, along with the documents submitted with the application, to conduct a fair and impartial review of this case. 3. The applicant states: a. He is seeking award of the CIB, which he earned through his service in World War II. He served in combat in the Army as an infantryman during the Rhineland and Ardennes campaigns. He was wounded in the Battle of Hurtgen Forest and continues to suffer invisible wounds of war from such trauma. Despite this service, he never received the CIB. The Board previously denied his request. Although a fire at the NPRC destroyed his records, he provides every document in his possession. b. He includes a letter from his former platoon leader verifying that although his MOS listed on his discharge document is not an infantry MOS, he was assigned to Company C of the 309th Infantry Regiment, 78th Infantry Regiment, in which he served in combat. He does recognize that his official MOS is not that of an infantryman, but the letter verifies he served in Europe and assigned infantry duties to help replace the vast number of casualties that were sustained during the Battle of the Bulge. He would not seek the CIB if he were not eligible for it. c. He receives treatment from the Department of Veterans Affairs (VA) for mental health issues. He is not seeking any form of compensation or material gain from this but, simply wants his record of his proud military service to include verification, through the form of the CIB that he served in the infantry in combat during World War II. 4. His available records show he was inducted into the Army of the United States on 12 August 1942 and entered active duty on 26 August 1942. He served in the European Theater of Operations from 26 November 1944 to 6 January 1946. His highest grade held was sergeant and was demobilized on 28 January 1946 after completing a total of 3 years, 5 months, and 3 days of active military service. 5. The WD AGO Form 53-55 he was issued at the time shows in: * item 6 (Organization) – Company C, 309th Infantry Regiment * item 30 (Military Occupational Specialty and Number) – Administrative and Technical Clerk – 405 * item 31 (Military Qualification and Date) – Rifle M1 [Carbine] – Sharpshooter 16 May 44 * item 32 (Battles and Campaigns) – Ardennes and Rhineland * item 33 (Decorations and Citations), the entries: * American Service Medal * Army Good Conduct Medal * World War II Victory Medal * European-African-Middle Eastern Service Medal * item 34 (Wounds Received in Action) – None 6. His WD AGO Form 100 shows he trained as a Coast Artilleryman (MOS 521) for 3 months then served as an administrative and technical clerk for 38 months. It notes that he served in the European Theater of Operations for 18 months with the 309th Infantry Regiment, 78th Division, operating an area food distribution warehouse, supervised 75 prisoners of war working in the warehouse, and kept stock record cards on all merchandise coming and going. It further shows he was awarded two battle stars for participation in two major engagements. 7. On 13 October 2005, the ABCMR denied the applicant's request for correction of his records to award him the CIB in Docket Number AR20050001413. a. The Board determined the evidence of record showed insufficient evidence that he held an infantry MOS, assigned to an infantry unit during such time as the unit was engaged in active ground combat, and he actively participated in such ground combat as required by applicable regulatory guidance. b. However, the Board did determine that administrative errors existed and administratively corrected his record with a DD Form 215 (Correction to DD Form 214), 31 March 2006 by correcting his WD AGO Form 53-55 by deleting the European- African-Middle Eastern Service Medal and adding the following awards: * European-African-Middle Eastern Campaign Medal with three bronze service stars * Army of Occupation Medal with Germany Clasp * Presidential Unit Citation 8. Subsequently, he applied to the ABCMR on four additional occasions requesting award of the CIB, as well as correcting his MOS to 11B (Infantryman). However, these cases were not considered by the Board due to his records not being available or no new additional information to consider. 9. The applicant's reconstructed records and documents he submitted contain: a. An undated, self-authored statement noting he initially was trained in the use of 37mm guns (coastal artillery) and was preparing for overseas duty. He went on furlough and received a telegram to report to the 69th Infantry Division, Camp Shelby, MS, as an infantryman. He was assigned to a squad and started training for possible combat duty. He was awarded the "Expert Rifle Badge," promoted to sergeant and assistant squad leader during his training. (1) Eventually he joined the 78th Infantry as an infantryman, which was already in battle in the Hurtgen Forest. His squad was ordered to the rear with instruction on penetrating the enemy lines to blow up a pillbox. After training for the assault, on the morning of their attack he was assigned to carry the flamethrower. They received fire killing the first two soldiers and the third soldier fell back on him sending him to the bottom of the hill. The flamethrower weapon pinned him to the ground. On the third day of their advance, they received mortar and artillery fire and his next recollection was in an Army ambulance being shipped to a hospital. (2) He was sent to Holland and was treated for loss of speech and combat exhaustion. His stay was for a period of 3 to 4 months. Upon being discharged, he was assignment to the 55th Quartermaster depot located in France. His duties was to run a food distribution center using 75 German and 50 Italian prisoners of war for labor. This was his last assignment prior to returning to the United States. b. A WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel – Prior to Discharge, Release from Active Duty or Retirement), 27 January 1946 shows his discharge examination as normal with the following listed as significant diseases, wounds, and injuries as: Concussion and No Malaria, Syphilis or Dysentery; c. A self-authored letter to his Member of Congress, 1 August 2005 requesting assistance in correcting his records to be awarded the CIB, the BSM, and have his MOS changed to 11B40 (Infantry); d. A 20 June 2006 letter from that notes he was the applicant's platoon leader and he was an assistant squad leader his platoon with the 69th Infantry Division in Camp Shelby, MS in September 1944, while undergoing training in preparation for its entry into ground combat. In November 1944, the 69th Division was sent to England and because of heavy casualties in the Battle of the Bulge, approximately one third of the personnel was sent as replacements. The applicant was sent in December as a replacement and was eventually assigned to Company C of the 309th Infantry Regiment, 78th Infantry Division; e. A 13 August 2007 letter from the NPRC to his Member of Congress noted his records were destroyed in a fire in 1973 and fortunately some alternate records sources were found to reconstruct part of his records. It informed him that his request for the CIB and the BSM were already addressed by this Board in 2005 and enclosed a copy of the proceedings; f. A VA physician letter, 13 February 2020 noting the applicant has been under his care since 2014, for treatment of post-traumatic stress disorder (PTSD), related to his battle experience in Europe during World War II. The cause of his was close contact with the enemy, in a helpless position, running the risk of being shot at close range by a German Servicemember, standing over him. He managed to survive by pretending to be dead. Subsequently, he was admitted to a military hospital in the Netherlands. There he was treated for severe mutism, having completely lost his speech. Although he recovered, he stills suffers from anxiousness and difficulty sleeping at night as a result of this incident. He believes the applicant should receive some form of public recognition of what he suffered in the past; and g. Several other military documents, including many duplicates, that are identification, VA documents, and hard to read documents, as well as a DD Form 149. These documents include a War Department Form 372-B (Final Payment – Work Sheet), 28 January 1946 showing he received "Expert Infantry Pay" for the period from 1 November 1945 to 23 January 1946. However, none of these documents shows he was awarded or recommended for the award of the CIB, BSM, a change in his official MOS, or receiving a wound/injury as a result of enemy forces in combat. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. The applicant failed to provide new substantiating evidence. Based upon the absence of information showing he was an infantryman and actively participated in ground combat with his infantry unit during such time as the unit was engaged in active ground combat on a specific date, the Board agreed there is insufficient evidence to grant relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20050001413 on 13 October 2005. 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. REFERENCES: 1. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begin its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The ABCMR will decide cases based on the evidence of record. It is not an investigative body. 2. War Department Circular 269-1943 established the CIB 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 CIB was awarded for exemplary conduct in action against the enemy. a. 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. Additionally, World War II holders of the CIB 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. b. The Military Awards Branch of the U.S. Army Human Resources Command, (USAHRC) 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: * light machine gunner (604) * heavy machine gunner (605) * platoon sergeant (651) * squad leader (653) * rifleman (745) * automatic rifleman (746) * heavy weapons noncommissioned officer (812) * gun crewman (864) 3. War Department Circular Number 408, effective 1 November 1944, restricted award of the CIB to officers, warrant officers, and enlisted men assigned to infantry regiments, infantry battalions, and elements thereof designated as infantry. Personnel whose eligibility was thus established could qualify for award of the CIB by satisfactory performance of duty in ground combat against the enemy. Announcement of the award of the CIB would be made in regimental or unit orders. 4. War Department Technical Manual 12-236 (Preparation of Separation Papers), April 1945, governed the preparation and processing of the WD AGO Form 53-55. The instructions stated to enter in: * item 30 – the MOS will be the same as the MOS entered on WD AGO Form 100, if executed, otherwise from the WD AGO Form 20; the number will follow the title * item 32 – battles and campaigns as authorized by War Department (or Department of the Army) general orders * item 33 – decorations or citations and authority for each; authorities for service medals need not be entered * item 34 – the date wounded and theater * item 36 – the date of departure, destination, and date of arrival for each movement between theaters and between a theater and the United States 5. Army Regulation 600-8-22 (Military Awards), currently in effect, prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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. b. The Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment (not merely examination) by a medical officer, and the medical treatment must have been made a matter of official record. Award of the Purple Heart may be made for wounds treated by a medical professional other than a medical officer provided a medical officer includes a statement in the service member's medical record that the extent of the wounds was such that they would have required treatment by a medical officer if one had been available to treat them. 6. Army Regulation 600-45 (Decorations), then in effect, which governed the award of Army decorations until 23 August 1951, stated the Purple Heart was awarded to citizens of the United States serving with the Army who were wounded in action against an enemy of the United States or as a direct result of an act of such enemy provided such wound necessitated treatment by a medical officer. This regulation stated that for the purpose of considering an award of the Purple Heart, a "wound" is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy. 7. Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. 8. The request, along with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200009318 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1