RECORD OF PROCEEDINGS


	IN THE CASE OF:    
	 

	BOARD DATE:         25 October 2005                    
	DOCKET NUMBER: AR20050001409


	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. Richard P. Nelson

Analyst


The following members, a quorum, were present:


Mr. James E. Anderholm

Chairperson

Mr. Jose A. Martinez

Member

Ms. LaVerne M. Douglas

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 Item 30 (Military Occupational Specialty and No.) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) to read “Infantryman 11B” and Item 31 (Military Qualification) to show award of the Combat Infantryman Badge.

2.  The applicant states, in effect, that he was engaged in ground combat against the enemy and performed the duties of a infantryman.

3.  The applicant provides a copy of his WD AGO Form 53-55.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an alleged error that occurred on 11 January 1946.  The application submitted in this case is dated 8 September 2003 and was received by the Board on 27 January 2005.

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

4.  The available records show the applicant was inducted on 25 November 1942 and completed training in Military Occupational Specialty 345 (Truck Driver).  He arrived in the European-African-Middle Eastern Theater of Operations on 15 May 1944.  The applicant returned to the United States on 5 January 1946, and was honorably separated from the service 6 days later.  His WD AGO Form 53-55 shows he is entitled to the following awards: the European-African-Middle Eastern Campaign Medal; the American Campaign Medal; the Good Conduct Medal; the Purple Heart; the World War II Victory Medal; the Sharpshooter Marksmanship Badge with Carbine Bar; and, the Army Lapel Button.  The applicant’s WD AGO 53-55 also shows that he participated in the Normandy and Rhineland campaigns.

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted personnel and warrant officers who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

6.  The Awards Branch, Human Resources Command, has advised that, during World War II, the Combat Infantryman Badge was normally awarded only to enlisted individuals 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).

7.  On 9 January 1946, the applicant requested award of the Combat Infantryman Badge.  It appears this request was made at the time of his out-processing at the separation center.  On 19 March 1946, the War Department (Office of the Adjutant General) responded to the applicant and requested additional information.  On 9 April 1946, after considering the information submitted by the applicant, the War Department approved the applicant’s request and awarded him the Combat Infantryman Badge.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

9.  Army Regulation 600-8-22 authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the European-African-Middle Eastern Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was awarded the Combat Infantryman Badge.  Therefore, he is entitled to correction of his records to show this combat badge.

2.  As a result of award of the Combat Infantryman Badge during World War II, the applicant is entitled to award of the Bronze Star Medal, and correction of his records to show this decoration.

3.  Evidence of record shows the applicant received the European-African-Middle Eastern Campaign Medal and participated in two campaigns.  As a result, he is entitled to award of two bronze service stars, to be affixed to the European-African-Middle Eastern Campaign Medal, and correction of his records to show these appurtenances.

4.  While the evidence shows the applicant trained as a Truck Driver, the fact that he was awarded the Combat Infantryman Badge indicates that, at some point, he served satisfactorily in combat as an infantryman.  Therefore, it would be in the interest of justice to correct Item 30 of his WD AGO 53-55 to show his Military Occupational Specialty as Rifleman (745).

BOARD VOTE:

___jea___  ___jam__  ____lmd_  GRANT 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:

a. showing award of the Combat Infantryman Badge;

b. showing award of the Bronze Star Medal;
c. showing award of two bronze service stars, to be affixed to the European-African-Middle Eastern Campaign Medal; and,

d. correcting Item 30 of his WD AGO Form 53-55 to read: Rifleman (745).




		_________James E. Anderholm________
		        CHAIRPERSON





INDEX

CASE ID
AR20050001409
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20051025
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.

2.

3.

4.

5.

6.