RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 SEPTEMBER 2004
      DOCKET NUMBER:  AR2003099459


      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. Mark Manning                  |     |Chairperson          |
|     |Ms. Karen Heinz                   |     |Member               |
|     |Mr. Robert Duecaster              |     |Member               |

      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, in effect, award of the Combat Infantryman
Badge.

2.  The applicant states, in his application to the Board, that his records
with the infantry must have been destroyed in the 1973 fire.  He states he
was hospitalized in late 1944 in France and that he was assigned to Army
Air Corps after being released from the hospital.

3.  In a separate statement, contained in his file, he notes that he was
issued a “BAR” (Browning Automatic Rifle) and engaged the enemy with this
weapon.  He states members of his group were pinned down and that when they
“finally made it to the woods” they discovered they were the only Soldiers
there.  He states he developed trench foot and was hospitalized and that
his commander did not recommend any of his unit members for award of the
Combat Infantryman Badge.

4.  The applicant provides no evidence, beyond the self-authored statement,
in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 5 December 1945.  The application submitted in this case
is dated
29 November 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.  Documents available to the Board indicate that the applicant was a
member of the Army Air Corps at the time of his December 1945 separation.
However, other documents in his file indicate that at the time of his
hospitalization for trench foot he was assigned to 104th Infantry Regiment.
 Although the Board generally refers applications from former members of
the Army Air Corps to the United States Air Force, because the applicant
was apparently a member of an Army unit prior to his hospitalization, and
because the Combat Infantryman Badge is an Army badge developed primarily
for Army infantryman, it would be appropriate to act on this application as
an exception to the usual policies and procedures.

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 entered active duty on 17 September 1943 and arrived in
the European Theater of Operations in January 1944.  According to his
separation document he was qualified with the rifle but held a “draftsmen”
specialty.

6.  Medical documents contained in the applicant’s available file indicate
that in November 1944 he was a member of the 104th Infantry Regiment when
he was hospitalized for trench foot.  By the time he was honorably
discharged, in December 1945, he was assigned to the 48th Fighter Group.

7.  There are basically three requirements for award of the Combat
Infantryman Badge.  The Soldier must be an infantryman, assigned to an
infantry unit during such time as the unit is engaged in active ground
combat, and must have actively participated in such ground combat.
Additionally, World War II holders of the Combat Infantryman Badge received
a monthly pay supplement known as combat infantry pay.  Therefore, Soldiers
had economic as well as intangible reasons to ensure that their records
were correct.

DISCUSSION AND CONCLUSIONS:

1.  Although the evidence suggests that the applicant may have been
assigned to an infantry unit prior to being hospitalized for trench foot,
there is no evidence that he held an infantry specialty and as such would
not have been entitled to an award of the Combat Infantryman Badge.  The
fact that he may have performed infantry like duties, including firing a
weapon in a combat environment, is not sufficient for an award of the
Combat Infantryman Badge.

2.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.



3.  Records show the applicant should have discovered the error or
injustice now under consideration on 5 December 1945, the date of his
separation from active duty.  However, the ABCMR was not established until
2 January 1947.  Therefore, the time for the applicant to file a request
for correction of any error or injustice expired on 1 January 1950.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MM__  __KH____  __RD___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  ______Mark Manning________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2003099459                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040914                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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