RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        4 October 2005
      DOCKET NUMBER:  AR20050000588


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 correction of his military records to show award
of a Combat or Expert Infantryman Badge and the American Campaign Medal.

2.  The applicant states, in effect, that his service record is in error
because it does not show these awards.

3.  The applicant provides a copy of his Request Pertaining to Military
Records, dated 20 October 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
7 November 1945, the date of his discharge.  The application submitted in
this case is dated 20 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 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.  In the processing of this case, the applicant was advised to apply
directly to the Board for Correction of Air Force Records because he
indicated on his application that he had served with the Army Air Force.
The Department of the Air Force, Review Boards Office, subsequently
transferred the applicant's case to the Department of the Army, Army Review
Boards Agency, due to the nature of the request (i.e., an Infantryman
Badge) and the timeframe of the events in question.

4.  The applicant's military service record shows that the applicant was
inducted into the Army of the United States on 13 February 1943, entered
active duty on 20 February 1943, and was awarded military occupational
specialty (MOS) 137 (Projectionist, Motion Picture).

5.  On 7 July 1943, the applicant departed for Africa and was assigned to
the 43rd Air Service Group in Italy, where he served until returning to the
United States on 25 July 1945.  The applicant was subsequently discharged
under honorable conditions on 7 November 1945.
6.  The applicant's military service record contains a WD AGO Form 100
(Separation Qualification Record).  Item 10 (Military Occupational
Assignments) of this document shows the applicant served 3 months as a
private in MOS 521 (Infantry, Basic), 4 months as a private in MOS 603
(Gunner, Heavy Weapon),
3 months as a private in MOS 055 (Clerk, Non-Typist), and 23 months as a
private first class in MOS 137 (Projectionist, Motion Picture).  Item 13
(Title - Description - Related Occupation) of this document further
provides a summary of the applicant's duties as a Motion Picture
Projectionist while serving with the 43rd Air Service Group in Italy.

7.  The applicant's military service record contains a WD AGO Form 53-55
(Enlisted Record and Report of Separation Honorable Discharge), with an
effective date of separation of 7 November 1945.  Item 30 (Military
Occupational Specialty and No.) of the applicant's WD AGO Form 53-55
contains the entry, "137, Projectionist Motion Picture".  Item 32 (Battles
and Campaigns) of the document shows that he participated in two campaigns:
 Naples-Foggia and Rome-Arno.  Item 33 (Decorations and Citations) of the
document shows that the applicant was awarded the European-African-Middle
Eastern Campaign Medal, Good Conduct Medal, and World War II Victory Medal.
 Item 37 (Total Length of Service - Continental Service) shows that he
served 7 months and 29 days in the continental United States.

8.  The applicant's records contain a WD Form 372A (Final Payment - Work
Sheet), dated 7 November 1945.  In the "Credits" section of this document,
it provides for the identification of amounts due for payment of specialty
pays, such as combat infantry pay and expert infantry pay.  This document
is absent any entries for either combat infantry pay or expert infantry
pay.  In addition, the applicant certified and signed this final payment
document.

9.  There is no evidence in the applicant's military service record that
shows he was awarded the Combat Infantryman Badge, Expert Infantryman
Badge, or American Campaign Medal.

10.  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 these awards.

11.  In addition, the Military Awards Branch, U.S. Army Human Resources
Command, has advised in similar cases that, during World War II, the Combat
Infantryman Badge was normally awarded only to enlisted Soldiers who served
in the following positions:  Light Machine Gunner (604), Heavy Machine
Gunner (605), Platoon Sergeant (651), Squad Leader (653), Rifleman (745),
Automatic Rifleman (746), Heavy Weapons NCO (812), and Gun Crewman (864).

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the American Campaign Medal.  This campaign medal is
awarded for qualifying service in the American Theater between 7 December
1941 and
2 March 1946.  Qualifying service for this campaign medal includes
permanent assignment outside the continental United States but within the
American Theater of Operations, duty as a crewmember aboard a vessel
sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty
outside the continental United States as a passenger or in a temporary duty
status for 30 consecutive or 60 nonconsecutive days, or active combat
against the enemy and was awarded a combat decoration or furnished a
certificate by a corps commander or higher, or service within the
continental United States for an aggregate period of one year.  (emphasis
added)

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he may be entitled to award of
the Combat Infantryman Badge or Expert Infantryman Badge.  He also contends
that he is entitled to the American Campaign Medal for his service in the
continental United States.

2.  The applicant's record is absent any evidence that he was awarded the
Combat Infantryman Badge, Expert Infantryman Badge, or American Campaign
Medal.

3.  Evidence of the applicant's military service records shows that he did
not possess one of the requisite military occupational specialties or serve
in an infantry position required to qualify for award of the Combat
Infantryman Badge or Expert Infantryman Badge.  Although the applicant's
military service records show that he was trained in MOS 521 (Infantry,
Basic), all Soldiers are provided basic combat skills training after they
enter the Army.  This is provided to ensure that all Soldiers have the
survival skills to perform basic infantry missions when the need arises.
However, this training, in and of itself, does not qualify the applicant
for award of either the Combat Infantryman Badge or Expert Infantryman
Badge.  During World War II, the Combat Infantryman Badge was awarded for
exemplary conduct in action against the enemy and the Expert Infantryman
Badge was awarded for attainment of certain proficiency standards or by
satisfactory performance of duty in action against the enemy.  The
applicant's records are absent evidence that he served as an infantryman in
action against the enemy and the applicant has failed to provide any such
evidence in support of his claim.  Therefore, he is not entitled to award
of the Combat Infantryman Badge or the Expert Infantryman Badge.

4.  Evidence of records fails to show that the applicant met the qualifying
criteria for service in the American Theater between 7 December 1941 and
2 March 1946.  Therefore, he is not entitled to award of the American
Campaign Medal.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 November 1945, the date of his
discharge.  Therefore, based on the date the Board was established,
2 January 1947, the time for the applicant to file a request for correction
of any error or injustice expired on 1 January 1950.  However, he 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 file.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__MDM__  __LCB__  ___CD___  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 D.Manning_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000588                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051004                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19451107                                |
|DISCHARGE AUTHORITY     |AR 615-365, Paragraph 5-7. . . . .      |
|DISCHARGE REASON        |Demobilization, Convenience of Govt RR  |
|                        |1-1                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0111.0000                           |
|2.                      |107.0112.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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