RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 July 2005
      DOCKET NUMBER:  AR20040008226


      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. David S. Griffin              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Kenneth L. Wright             |     |Member               |
|     |Mr. Joe R. Schroeder              |     |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 his award of the Combat
Infantryman Badge be added to his WD AGO Form 53-55 (Honorable Discharge)
with a date of separation of 7 December 1946.

2.  The applicant states, in effect, that he was given a Combat Infantryman
Badge at Camp Beale along with about 9 other men when he had about
60-90 days left in the service.

3.  The applicant provides a copy of:

      a.  his WD AGO Form 53-55;

      b.  his WD AGO Form 100, Separation Qualification Record; and

      c.  a picture of a Class "A" uniform showing awards and decorations,
which include the Combat Infantryman Badge and the Expert Infantryman
Badge.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
7 December 1946.  The application submitted in this case is dated 23
September 2004 and was received on 6 October 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 limitations 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 service personnel records were lost or destroyed in a
fire at the National Personnel Records Center in 1973.  The records
available to the Army Board For Correction of Military Records were
provided by the applicant.  The primary records available to this Board are
the applicant’s WD AGO
Form 53-55 and WD AGO Form 100.


4.  The available records show that the applicant entered active service on

13 April 1945.  He entered the Asiatic Pacific Theater on 23 October 1945
and returned to the United States on 23 October 1946.  He was discharged on

7 December 1946 due to demobilization.  He had served 1 year, 8 months, and

25 days active service characterized as honorable.

5.  Item 30 (Military Occupational Specialty (MOS) and No.) of the
applicant's
WD AGO 53-55 shows the applicant held the MOS 359 (road grader).

6.  Item 31 (Military Qualification and Date) of the applicant's WD AGO 53-
55 does not show award of the Combat Infantryman Badge.

7.  The available records do not contain orders for award of the Combat
Infantryman Badge.

8.  Item 13 (Title-Description-Related Civilian Occupation) of the
applicant's
WD AGO Form 100 shows the applicant performed duties as a diesel powered
road grader operator for 12 months.

9.  War Department Circular 269-1943 established the Combat Infantryman
Badge 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 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 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.  The Awards Branch, Total Army Personnel Command, 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:

    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)

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to the Combat Infantryman
Badge and that he hasn't taken his medals off his uniform since the day he
received them.

2.  The pictures submitted by the applicant were noted.  However, they
cannot be used as official documentation of award of the Combat Infantryman
Badge.

3.  Evidence shows the applicant was assigned MOS 359 (a non-infantry MOS)
as a road grader operator.  Therefore, the applicant did not meet the
regulatory requirements for award of the Combat Infantryman Badge.

4.  Therefore, in the absence of documentation which shows the applicant
was awarded the Combat Infantryman Badge or met the regulatory requirements
for the Combat Infantryman Badge, there is insufficient evidence upon which
to base an award of the Combat Infantryman Badge in this case.

5.  Records show the applicant should have discovered the error or
injustice now under consideration on 7 December 1946, 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.  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

__KLW__  __JAE___  __JRS __  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.




                                     __James E. Anderholm___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040008226                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050714                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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