RECORD OF PROCEEDINGS


	IN THE CASE OF:  
	 

	BOARD DATE:          29 September 2005   
	DOCKET NUMBER:  AR20050001654


	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. Wanda L. Waller

Analyst


The following members, a quorum, were present:


Mr. Lester Echols

Chairperson

Mr. Paul Smith

Member

Mr. Leonard Hassell

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, award of the Combat Infantryman Badge and the Bronze Star Medal (based on award of the Combat Infantryman Badge).

2.  The applicant states, in effect, the Bronze Star Medal (based on award of the Combat Infantryman Badge) is not listed on his separation document.

3.  The applicant provides a New Jersey Department of Military and Veterans Affairs Application for Award/Program; a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation); and a Certification of Military Service.  

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of alleged errors which occurred on 
10 December 1945.  The application submitted in this case is dated 25 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 applicant was inducted on 14 December 1942.  He served in the European Theater of Operations from 25 October 1944 through 28 June 1945 and was honorably discharged on 10 December 1945.  

5.  Item 32 (Battles and Campaigns) on the applicant’s WD AGO Form 53-55 shows he participated in two battles and campaigns.  His WD AGO Form 53-55 shows the American Campaign Medal, the European-African-Middle Eastern Campaign Medal, the Good Conduct Medal, and the World War II Victory Medal as authorized awards. 
6.  There are no orders for the Combat Infantryman Badge in the available records.  However, the applicant’s War Department Form 372A (Final Payment – Work Sheet) shows he received combat infantry pay.    

7.  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.  

8.  Army Regulation 600-8-22 (Military Awards) 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 of the WD AGO Form 53-55.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant received combat infantry pay during World War II.  Therefore, there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.

2.  Based on award of the Combat Infantryman Badge, the applicant is entitled to award of the Bronze Star Medal.  
3.  The applicant participated in two battles and campaigns during World War II which entitles him to the European-African-Middle Eastern Campaign Medal with two bronze service stars.

4.  Records show the applicant should have discovered the alleged errors now under consideration on 10 December 1945; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 1 January 1950 
(3 years after the Board was established on 2 January 1947).  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

LE______  PS_____  LH______  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 amending his WD AGO Form 53-55 to show he was awarded the Combat Infantryman Badge, the Bronze Star Medal (based on award of the Combat Infantryman Badge), and the European-African-Middle Eastern Campaign Medal with two bronze service stars. 




		___Lester Echols______
		        CHAIRPERSON





INDEX

CASE ID
AR20050001654
SUFFIX

RECON

DATE BOARDED
20050929
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
107.0111
2.
107.0014
3.
107.0000
4.

5.

6.