IN THE CASE OF: BOARD DATE: 31 March 2023 DOCKET NUMBER: AR20220007996 APPLICANT REQUESTS: an update to his W.D. AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the following awards: * World War II Victory Medal * American Campaign Medal * Army Good Conduct Medal * Combat Infantryman Badge * Bronze Star Medal * Purple Heart APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 10 May 2020 * WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge),14 September 1945 * Form P-80b (Award of Disability Pension Service Connected - Area Office), 6 November 1945 * Letter (Army Service Forces, Seventh Service Command, Hospital Center, Camp Carson, Colorado), 4 January 1946 * 4 pages from Army Regulation (AR) 600-8-22, 5 March 2019 * National Personnel Records Center (NPRC) letter, 19 April 2022 * General Officer letter, 10 May 2022 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, in effect, several awards and medals he earned as an infantryman while assigned to Company F, 222nd Infantry Regiment, 42 Infantry Division, from 7 December 1941 to 2 March 1946, were not included on his Honorable Discharge form. He cites Army Regulation 600-8-22 (Military Awards), effective 5 March 2019 as the basis for his request and contends his Honorable Discharge form includes enough information to award him the aforementioned awards and medals. Additionally, he states he was wounded in combat while engaging the enemy at Donauworth, Germany, where he was shot in right leg and suffered a broken fibula bone. He was immediately evacuated, and his unit lost track of him. He met Major General (MG) (U.S. Army Retired) in 2020. He states MG reviewed his records and advised him that he was entitled to several medals for his service. 3. The Board will not consider the applicant's request for the World War II Victory Medal or the American Campaign Medal. There is sufficient evidence to justify administrative correction of his WD Form 53-55 to add these awards and to add an additional campaign and campaign star. 4. The Board will consider his request for the Army Good Conduct Medal, Combat Infantryman Badge, Bronze Star Medal, and the Purple Heart. 5. The applicant's complete military records are not available 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. The documents provided are sufficient for the Board to conduct a fair and impartial review of this case 6. The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 27 July 1944. He served as in infantry Soldier and held military occupational specialty 604, Light Machine Gunner. a. Block 6 (Organization) block 7 (Date of Separation) and block 8 (Place of Separation) show he was located at the Hospital Center at Camp Carson Colorado, and assigned to the 222nd Infantry Regiment on 14 September 1945; the date of his honorable discharge. This form also shows he completed 1 year, 1 month and 18 days of active service. b. Block 31 (Military Qualification and Date) shows he qualified as a Marksman with the M-1 Rifle on 15 September 1944. c. Block 32 (Battles and Campaigns) lists the Rhineland and Central Europe Campaigns. d. Block 33 (Decorations and Citations) lists the European-African-Middle Easter (EAME) Campaign Medal with 2 bronze service stars. e. Block 34 (Wounds Received in Action) contains the entry "None." f. Block 36 (Service Outside Continental United States and Return) shows he - * departed the Continental United Stated (CONUS) on 6 January 1945 * arrived in the European Theatre of Operations (ETO) on 18 January 1945 * departed the ETO on 17 June 1945 * arrived in the Continental United States on 24 June 1945 g. Block 40 (Reason and Authority for Separation) - Certificate of Disability for Discharge. h. Block 55 (Remarks) shows - * he was issued a Lapel Button * he qualified as a marksman with the Heavy Machine Gun in November 1944 * he qualified as an expert with the 81 MM Mortar in November 1944 7. He provides: a. a Form P-80b (Award of Disability Pension), dated 6 November 1949, notified him he was awarded pension in the amount of $34.50 per month from 15 September 1945, on account of his disability resulting from "Residuals, bullet round, right leg," a condition incurred or aggravated during his war time service. This document contains additional information from the Port Surgeons Office and from the hospital/physician, showing the applicant was ambulatory, recording his diagnosis as fractured right fibula, containing a block mark "BATTLE INJURY - NO." b. a letter, dated 4 January 1946, from Army Services Forces (Seventh Service Command, Hospital Center, Camp Carson, Colorado, reflecting he was awarded the Combat Infantryman badge effective 1 February 1945, for satisfactory performance of duty in ground combat against the enemy, while assigned to Company F, 222nd Infantry. c. 4 pages from AR 600-8-22 (Military Awards) wherein he penned "American Campaign Medal"…"Bronze Star Medal criteria met"…"U.S. Army Good Conduct Medal"…"for d. a letter from NPRC, dated 19 April 2022, wherein NPRC authorized the shipment of the following awards: European-African-Middle Eastern (EAME) Campaign Medal with 2 bronze service stars, World War II Victory Medal, Honorable Service Lapel Button WWII, Expert Badge with Mortar Bar, and Marksman Badge with Machine Gun Bar with Rifle Bar. e. A two star stationary letter from MG (U.S. Army Retired), wherein he states, in effect, he supports the applicant's request to be awarded his medals and badges earned for his combat service during World War II. He has known the applicant since 2020 and learned that he had served as machine gunner assigned to Company F, 222nd Infantry regiment, 42 Infantry Division during World War II. The applicant invited him over his house where he saw his Honorable Discharge record which only listed the EAME ribbon with 2 bronze stars for the Rhineland and Central Europe Campaigns. He advised the applicant he was entitled to several other medals due to combat service to include the World War II Victory Medal, American Campaign Medal, U.S. Army Good Conduct Medal, Combat Infantryman badge, Bronze Star Medal (because he earned the Combat Infantryman Badge during World War II) and possibly the Purple Heart. He states the applicant told him his wound was not a non-battle injury and was the result of an enemy bullet in city of Donauwoth, Germany. Additionally, he states NPRC denied the applicant the Combat Infantryman badge due to there being no order record to prove the award, which he believed to be "nit-picking". 8. The applicant's available records do not contain orders or a commander's recommendation for the Bronze Star Medal, Purple Heart, or Combat Infantryman Badge. 9. The applicant's available records do not show the dates or the combat locations for which the applicant was present while he was attached to Company F, 222nd Infantry regiment, 42 Infantry Division. 10. Regulatory guidance states: a. The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. b. The American Campaign Medal is awarded for service within the American Theater between 7 December 1941 and 2 March 1946. c. The Combat Infantryman badge is awarded to infantry or special forces officers and enlisted and warrant officer persons who have an infantry or special forces military occupational specialties. They must have served in active ground combat while assigned or attached to an infantry, ranger, or special forces unit of brigade, regimental, or smaller size. d. Award of the Bronze Star Medal may be made to each member of the Armed Forces of the United States who, after 6 December 1941, has been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945 (in other words, if they were awarded the Combat Infantryman Badge). e. The Purple Heart requires all elements of the award criteria to be met. There must be proof a wound was incurred as a result of enemy action, that the wound required treatment by medical personnel, and that the medical personnel made such treatment a matter of official record. f. the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents and the evidence found within the military record, the Board determined that relief was/was not warranted. The Board carefully considered applicant’s contentions, military record and regulatory guidance. The Board noted that applicant’s period of service in light of applicable regulatory guidance. Based on the preponderance of evidence available for review, the Board determined the evidence presented sufficient to warrant a recommendation for partial relief 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of Army records of the individual concerned by correcting his W.D. AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show in Block 33 (Decorations and Citations): * Combat Infantry Badge * Bronze Star Medal 2. The Board further determined 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 any other relief not stated above. 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. ADMINISTRATIVE NOTES: Make the following administrative corrections to the applicant's WD AGO Form 53-55 without action by the Board: c. add to block 32 (Battles and Campaigns) the entry "Ardennes-Alsace" d. delete from block 33 (Decorations and Citations) the EAME with 2 bronze service stars and c. add to block 33 the - * European-African-Middle Easter Campaign Medal with 3 bronze service stars * World War II Victory Medal * American Campaign Medal REFERENCES: 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 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. 2. Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. b. The American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946. Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or 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 one year. c. The CIB is awarded to infantry or special forces officers and enlisted and warrant officer persons who have an infantry or special forces military occupational specialties. They must have served in active ground combat while assigned or attached to an infantry, ranger, or special forces unit of brigade, regimental, or smaller size. Specifically, a recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty in a unit actively engaged in ground combat with the enemy. The unit in question must be a brigade, regiment, or smaller size. For example, personnel possessing an infantry military occupational specialty in a rifle squad of a cavalry platoon in a cavalry troop would be eligible for award of the CIB. Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period. Personnel with other than an infantry or special forces military occupational specialties are not eligible, regardless of the circumstances. d. Award of the Bronze Star Medal may be made to each member of the Armed Forces of the United States who, after 6 December 1941, has been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945, inclusive, or whose meritorious achievement has been otherwise confirmed by documents executed prior to 1 July 1947. For this purpose, an award of the Combat Infantryman Badge or Combat Medical Badge is considered as a citation in orders for award of the Bronze Star Medal. e. The Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. 3. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946. The enlisted person must have had all "excellent" conduct and efficiency ratings. Ratings of "Unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders. 4. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows 222d Infantry Regiment, 42d Infantry Regiment received participation credit for the following campaigns: * 25 (Ardennes-Alsace) --- 16 December 1944 - 25 January 1945 * 26 (Central Europe) --- 22 March 1945 - 11 May 1945 * 34 (Rhineland) --- 15 September 1944 - 21 March 1945 //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007996 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1