RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 OCTOBER 2005
      DOCKET NUMBER:  AR20050001413


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Ted Kanamine                  |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Ms. Carol 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 award of the Combat Infantryman Badge (CIB).

2.  The applicant states that he served in combat with the 78th Infantry
Division and sustained a concussion injury from a mortar shell in the
Huertgen Forest.  He receives compensation from the Department of Veterans
Affairs (VA) for his injury.

3.  The applicant provides a copy of a 15 November 2004 National Personnel
Records Center letter informing the applicant that there was no record to
show that he was authorized the CIB, and a copy of his Separation
Qualification Record.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 28 January 1946.  The application submitted in this case
is dated   18 January 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 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
are sufficient documents available for the Board to conduct a fair and
impartial review of this case.

4.  The applicant was inducted into the Army on 12 August 1942 and entered
on active duty on 26 August 1942.  He served in the European Theater of
Operations with Company C, 309th Infantry Regiment of the 78th Infantry
Division, during World War II, arriving in that theater on 26 November
1944, and returning to the United States on 23 January 1946.  He was
discharged in the rank of sergeant at Fort Dix, New Jersey on 28 January
1946.  His Enlisted Record and Report of Separation shows that he was an
administrative and technical clerk, that he served in the Ardennes and
Rhineland campaigns during the war, and that he was awarded the American
Service Medal, the Good Conduct Medal, the World War II Victory Medal, and
the European-African-Middle Eastern Service Medal.

5.  The applicant’s Separation Qualification Record shows that he trained
as a coast artilleryman for 3 months, and served as an administrative and
technical clerk for 38 months.  That record indicates that he served in the
European Theater of Operations for 18 months with the 309th Infantry
Regiment, that he operated an area food distribution warehouse, supervised
75 prisoners of war, and kept stock record cards on all merchandise coming
and going.

6.  The Unit Citation and Campaign Participation Credit Register shows that
the 309th Infantry Regiment was awarded the Distinguished Unit Citation
(now the Presidential Unit Citation) for its actions on 9 and 10 February
1945.  That register shows that the 309th participated in three campaigns,
the Rhineland, Ardennes-Alsace, and the Central Europe campaigns.  The
dates of the Central Europe Campaign are from 22 March 1945 to 11 May 1945.
 It also shows that the 309th Infantry Regiment served as an occupation
force in Germany from        2 May 1945 to 31 May 1945.

7.  The Army of Occupation Medal with Germany clasp is awarded for service
for 30 consecutive days in the occupation of Germany between 9 May 1945 and
      5 May 1955.

8.  Service (campaign) medals and service ribbons denote honorable
performance of military duty within specified limited dates in specified
geographical areas.  Army Regulation 600-8-22, paragraph 6-7, provides for
service stars for wear on campaign and service ribbons to denote an
additional award, and states that service stars are authorized for wear on
the European-African-Middle Eastern Campaign Medal.  A silver service
service star is worn instead of five bronze service stars.

9.  There are basically three requirements for award of the CIB.  The
Soldier must be an infantryman satisfactorily performing infantry duties,
must be assigned to an infantry unit during such time as the unit is
engaged in active ground combat, and must actively participate in such
ground combat.  The Combat Infantryman Badge is awarded to infantry
officers and to enlisted and warrant officer persons who have an infantry
MOS (military occupational specialty).  They must have served in active
ground combat while assigned or attached to an infantry unit of brigade,
regimental or smaller size.  Campaign or battle credit alone is not
sufficient for award of the CIB.  Although the exigencies of combat may
require non-infantry Soldiers to temporarily perform the basic infantry
duties that all Soldiers are taught, it is not a basis for the award of the
Combat Infantryman Badge.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows that the applicant was trained as a coast
artilleryman, and that although he served in an infantry unit in the
European Theater of Operations during World War II, there is no evidence
that he had an infantry MOS, or that he served as an infantryman in active
ground combat.  The evidence, in fact, shows that the applicant served as
an administrative and technical clerk with the 309th Infantry Regiment.
There is insufficient evidence to support the applicant’s contention.
Consequently, he is not entitled to award of the Combat Infantryman Badge.


2.  Records show the applicant should have discovered the error or
injustice now under consideration on 28 January 1946, the date of his
separation from active duty.  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.

3.  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

___TK  __  ___PM__  __CK  ___  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 award of the Presidential Unit Citation, European-African-
Middle Eastern Campaign Medal with three bronze service stars, and Army of
Occupation Medal with Germany clasp.




                                  ______Ted Kanamine________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001413                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051013                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]