RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 October 2005
      DOCKET NUMBER:  AR20050004439


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Vick                    |     |Chairperson          |
|     |Mr. Conrad Meyer                  |     |Member               |
|     |Ms. Linda Barker                  |     |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.

2.  The applicant states that he spent 2 to 3 nights in a foxhole under
fire.

3.  The applicant provides a letter dated 18 June 1999, his WD AGO Form 100
(Separation Qualification Record) and a letter of Award of Disability
Compensation or Pension from the Department of Veterans Administration.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 4 March 1946.  The application submitted in this case is dated
21 March 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 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
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 into the Army on 26 August 1943 and entered
active duty on 16 September 1943.  His WD AGO Form 53-55 (Enlisted Record
and Report of Separation) shows his branch of service as Infantry and shows
he held military occupational specialty (MOS) 931 (Heavy Equipment
Operator).  He was assigned to the 4th Infantry Regiment, 25th Division in
the Western Pacific Theater of Operations from 9 July 1945 to 31 January
1946.

5.  The applicant's Separation Qualification Record shows he served in MOS
745 (Rifleman) for 2 months and MOS 605 (Machine gunner) for 7 months and
MOS 060 (Cook) for 8 months.  Item 13 (Summary of Military Operations)
described the duties of a heavy equipment operator and stated, "Operated
cranes, semi-trailers and caterpillars in transporting and assembling of
equipment.  Performed first, second and third echelon maintenance on
equipment.  Served 19 months in the Pacific."

6.  The applicant's Final Payment Worksheet does not show he received
combat infantry pay.

7.  The applicant was honorably discharged on 4 March 1946.  His WD AGO
Form 53-55 shows the American Service Medal, the Asiatic-Pacific Service
Medal, the Good Conduct Medal, the World War II Victory Medal, and the
Philippine Liberation Ribbon as authorized awards.

8.  Item 31 (Military Qualification and Date) does not show award of the
Combat Infantryman Badge.

9.  War Department Circular 269-1943 established the Combat Infantryman
Badge and the Expert Infantryman Badge to recognize and provide 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.  The Awards Branch, U.S Army Human Resources Command (USAHRC)
has advised in similar cases that, during World War II, the Combat
Infantryman Badge was normally awarded only to enlisted individuals who
served in the following positions:

    a.  Light machine gunner (604)
    b.  Heavy machine gunner (605)
    c.  Platoon sergeant (651)
    d.  Squad leader (653)
    e.  Rifleman (745)
    f.  Automatic rifleman (746)
    g.  Heavy weapons NCO (812)
    h.  Gun crewman (864)

10.  Army Regulation 600-8-22 prescribes Army policy and procedures
concerning individual military awards.  In pertinent part, it states that
the Combat Infantryman Badge was established during World War II to provide
special recognition of the unique role of the Army infantryman, the only
Soldier whose daily mission is to close with and destroy the enemy and to
seize and hold terrain.  The badge was intended as an inducement for
individuals to join the infantry while serving as a morale booster for
infantrymen.  In developing the Combat Infantryman Badge, the War
Department did not dismiss or ignore the contributions of other branches.
Their vital contributions to the overall war effort were noted, but it was
decided that other awards and decorations were sufficient to recognize
their contributions.  From the beginning, Army leadership have taken care
to retain the badge for the unique purpose for which it was established.
There are basically three requirements for award of the Combat Infantryman
Badge.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's WD AGO Form 53-55 shows his branch as "Infantry" and
that he was assigned to an infantry unit in the Western Pacific Theater of
Operations.

2.  The applicant contends he spent 2 to 3 nights in a foxhole under fire.
His Separation Qualification Record shows he served as a cook during the
last 8 months of service (around July 1945 to March 1946) and he did not
receive combat infantry pay.  Therefore, there is insufficient evidence to
show he met the requirements for award of the Combat Infantryman Badge.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 4 March 1946, the date of his
separation from active duty.  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.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JV______  CM______  LB______  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.




                                  James Vick____________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004439                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051026                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0111                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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