RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          3 March 2005
      DOCKET NUMBER:  AR20040000020


      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. Rosa M. Chandler              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Ms. Margaret K. Patterson         |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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, that the Military Occupational
Specialty (MOS) shown on his WD AGO Form 53-55 (Enlisted Record and Report
of Separation-Honorable Discharge) be corrected to show an MOS that will
support award of the Combat Infantryman Badge (CIB).

2.  The applicant states that he never served as a Supply NCO in "MOS 821".
 He was assigned "MOS 821" during the 6-month period that he spent helping
a civilian company obtain approval for the International Red Cross to visit
prisoners of war.  The Personnel Records Officer changed a Soldiers MOS
from time to time and the Soldier was not informed.  In fact, he did not
know that his MOS had changed until he was on the ship en route home.  The
records clerk was competing some forms and asked him which MOS he wanted
and he stated "either."

3.  The applicant provides in support of his request a:

      a.  Copy of his WD AGO Form 53-55.


      b.  Letter that he received from the National Personnel Records
Center, St. Louis, dated 9 February 2004 denying him award of the CIB,
because he did not meet the criteria for the award.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 21 December 1945.  The application submitted in this case is
dated 5 April 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 presumed lost or destroyed in the
National Personnel Records Center fire of 1973.  Information herein is
limited to the documents contained in a reconstructed record.
4.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army
of the United States on 5 June 1942.  He completed the "GFTC CLERK SCHOOL"
course and he was awarded MOS 821.  He served in the European Theater of
Operations from 16 April 1944 to 7 December 1945 during the Normandy and
Northern France campaigns.

5.  The applicant's WD AGO Form 53-55 also shows that, on 21 December 1945,
he was separated at the Separation Center, Jefferson Barracks, Missouri.
He was awarded the Purple Heart, Good Conduct Medal, European-African-
Middle- Eastern Campaign Medal with two Bronze Service Stars, World War II
Victory Medal, American Theater Campaign Ribbon, three Overseas Service
Bars and the World War II Honorable Service Lapel Button.

6.  War Department Circular 269-1943 established the Combat Infantryman
Badge (CIB) and the Expert Infantryman Badge (EIB) to recognize and provide
an incentive to infantrymen.  The EIB 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.  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 EIB 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.  The Awards Branch,
Total Army Personnel Command, has advised in similar cases that, during
World War II, the CIB was normally awarded only to enlisted individuals who
served in the following positions:

      a.  Light machine gunner (604)
      b.  Heavy machine gunner (605)
      c.  Platoon sergeant (651)
      d.  Squad leader (653)
      e.  Rifleman (745)
      f.  Automatic rifleman (746)
      g.  Heavy weapons NCO (812)
      h.  Gun crewman (864)

7.  All soldiers are provided basic combat skills training after they enter
the Army.  This is provided to insure that all soldiers have the survival
skills to perform basic infantry missions when the need arises.  However,
no other soldier in combat is more exposed on a daily basis to the dangers
and hardships of war, and no other branch of the service suffers more
casualties than the infantry.  To maintain the prestige, uniqueness, and
traditional value of the CIB, the criteria for award has changed little
over the years.

DISCUSSION AND CONCLUSIONS:

1.  There is overwhelming evidence to show that the applicant was trained
and served as a supply NCO in MOS 821.

2.  A Soldier's duties and responsibilities change from time to time, but
an order must be published to effect a change in an MOS.  There is no
evidence in the applicant's records and he has provided none that
establishes a basis for changing his MOS or for award of the CIB.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 December 1945; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
20 December 1948.  However, the applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__fe____  __mkp___  __cak___  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.



                                  Fred Eichorn
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040009273                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050303                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0500                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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