RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         04 NOVEMBER 2004
      DOCKET NUMBER:  AR2004103865


      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             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin Meyer                  |     |Chairperson          |
|     |Mr. James Anderholm               |     |Member               |
|     |Mr. Jonathon Rost                 |     |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 award of the Combat Infantryman Badge (CIB).

2.  He states that he was a combat wireman, received $10.00 [a month]
extra, and was awarded the CIB.  He is requesting replacement of a lost
CIB.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation), and a copy of a 19 January 2004 letter from the
National Personnel Records Center informing him that there was no record
found to show that he was authorized the CIB.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 5 November 1945.  The application submitted in this case
is dated 27 January 2004.

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 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 for the Board to conduct a fair and
impartial review of this case.

4.  The applicant's separation document shows that he was inducted into the
Army on 30 August 1943, and served in the European Theater of Operations
(ETO) during World War II, from May 1944 to September 1945, participating
in five campaigns.  He was a field lineman with Headquarters Company, 134th
Infantry Regiment.  He returned to the United States and was discharged on
     5 November 1945.  He was awarded the European-African-Middle Eastern
Service Medal, the Good Conduct Medal, and the World War II Victory Medal.


5.  The applicant's final payment work sheet shows that he was awarded
combat infantry pay for the period 1 September 1945 to 5 November 1945.
6.  The Unit Citation and Campaign Participation Credit Register shows that
the 134th Infantry Regiment was awarded the Distinguished Unit Citation
[now the Presidential Unit Citation], the Meritorious Unit Commendation,
and the French Croix de Guerre for its actions during the period the
applicant was assigned to that organization.  The 134th was also an
occupying force after the war.

7.  War Department Circular 269-1943 established the Combat Infantryman
Badge and the Expert Infantryman Badge to recognize and provide an
incentive to infantrymen.  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.  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.
Thus, pay records are frequently the best available source to verify
entitlement to this award.

8.  There are basically three requirements for award of the CIB.  The
soldier must be an infantryman satisfactorily performing infantry duties,
must be assigned to an infantry unit during such time as the unit is
engaged in active ground combat, and must actively participate in such
ground combat.  Campaign or battle credit alone is not sufficient for award
of the CIB.

9.  Army Regulation 600-8-22 provides for award of the Bronze Star Medal 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.  The award of a Combat Infantryman Badge is
considered as a citation in orders.

10.  The Army of Occupation Medal with Germany clasp is awarded to Soldiers
who served in the European Theater during the occupation of Europe between
  9 May 1945 and 5 May 1955.

DISCUSSION AND CONCLUSIONS:

1.  The evidence regarding the Combat Infantryman Badge is inconclusive.
The applicant's separation document shows that he was a field lineman in a
headquarters company of an infantry regiment; consequently, it would appear
that he is not entitled to award of the Combat Infantryman Badge.

2.  Nonetheless, in order for the applicant to receive combat infantry pay,
he had to have been awarded the Combat Infantryman Badge.  Regularity is
presumed – that is, he could not have received the pay without having been
awarded the badge.  Any doubt should be resolved in favor of the applicant.


3.  Therefore, the applicant is entitled to award of the Combat Infantryman
Badge, and by virtue of this award is also entitled to award of the Bronze
Star Medal.

4.  The applicant is entitled to award of the Presidential Unit Citation,
the Meritorious Unit Commendation, the French Croix de Guerre, and the Army
of Occupation Medal with Germany clasp.

BOARD VOTE:

___MM__  ___JA  __  ___JR  _   GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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 award of the Combat
Infantryman Badge, Bronze Star Medal, Presidential Unit Citation,
Meritorious Unit Commendation, French Croix de Guerre, and the Army of
Occupation Medal with Germany clasp.




                            ______Melvin Meyer_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004103865                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041104                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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