RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 September 2005
      DOCKET NUMBER:  AR20040010158


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Eric N. Anderson              |     |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 that he be awarded the Combat Infantryman Badge.

2.  The applicant states, in effect, that the award was omitted from his
records.

3.  The applicant provides no supporting documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 7 November 1946, the date of his release from active duty.  The
application submitted in this case is dated 24 June 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 military records were damaged in the 1973 fire that
damaged or destroyed approximately 18 million service members’ records at
the National Personnel Records Center.  However, there were sufficient
documents remaining in a reconstructed record for the Board to conduct a
fair and impartial review of this case.

4.  The applicant's records show he entered active duty on 26 May 1944, was
awarded the military occupational specialty (MOS) 745 (Rifleman), and
completed additional training as a parachutist.

5.  He served with F Company, 517th Parachute Infantry Regiment, in Europe,
from 18 February 1945 through 13 August 1945.  He is shown to have
participated in one official campaign in Europe.

6.  The applicant was honorably discharged on 3 November 1945 to
immediately reenlist.  The applicant subsequently reenlisted on 4 November
1945.



7.  The applicant's 3 November 1945 WD AGO Form 53-55 (Enlisted Record and
Report of Separation) indicates he was awarded the European-African-Middle
Eastern Campaign Medal with one bronze service star and the Marksman Badge
with Rifle Bar during this period.

8.  The applicant served the majority of his second enlistment with C
Company, 187th Glider Infantry Regiment in the Pacific Theater.  He was
honorably discharged on 7 November 1946.

9.  The 7 November 1946 WD AGO Form 53-55 indicates he served in the MOS of
745 (Rifleman) in the Pacific from 7 April 1946 through 11 October 1946.
He was awarded the Army of the Occupation Medal with "Japan" clasp, and the
World War II Victory Medal during this period of service.

10.  The WD AGO Form 20 (Enlisted Qualification Record) of record indicates
the applicant was awarded the MOS 745 (Rifleman) in 1944 and 760 (Light
Mortar Crewman) in 1946.  It lists the applicant's official military
training as only parachute school in 1944.

11.  The applicant's Service Record (WD AGO Form 24) indicates that the
applicant was in receipt of parachute pay.  It does not indicate receipt of
combat infantryman pay or that the applicant was awarded the Combat
Infantryman Badge.

12.   War Department Circular 269-1943 established the Combat Infantryman
Badge and provided 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 in actual 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.

13.  Army Regulation 600-8-22, paragraph 8-10 sets forth requirements for
award of the basic Parachutist Badge.  Award of the basic Parachutist Badge
requires that an individual must have satisfactorily completed the
prescribed proficiency tests while assigned or attached to an airborne unit
or the Airborne Department of the Infantry School, or have participated in
at least one combat parachute jump.


DISCUSSION AND CONCLUSIONS:

1.  The applicant is shown to have completed official parachute training
and is entitled to the Parachutist Badge.

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

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 November 1946, the date of his
separation from active duty.  However, the ABCMR was not established until
2 January 1947.  As a result, the time for the applicant to file a request
for correction of any error or injustice expired on 1 January 1950.
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 the failure to
timely file.

4.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant's records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_CAK ___  __JNS __  __ENA__  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.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show that the applicant is also entitled to award of the
Parachutist Badge.




                            ___     John N. Slone___________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            | 20050915                               |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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