RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 January 2006
      DOCKET NUMBER:  AR20050007581


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Rodney E. Barber              |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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 he is submitting statements from comrades-in-arms
who will attest to his duties as a combat infantryman.  He continues that
he understands the regulatory requirements for the Combat Infantryman
Badge; however, it is a fact that many service members where called upon to
perform the duties outside their military occupational specialty and were
required to perform the duties of an infantryman.

3.  In support of his application, the applicant provides a letter of
support, dated 11 February 2005; four transcribed pages of Troop Morning
Reports of the 45th Cavalry Reconnaissance of the 45th Infantry Division;
six pages of the 45th Cavalry Reconnaissance Troop History; a roster of
Battle Causalities for the month of February 1944; a copy of page 3 of
Personnel Hospitalized during Month of October 1944 Continued; a letter of
support, dated 21 December 2004; and seven pages of war maps for the month
of February 1944 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 18 November 1945, the date of his separation.  The application
submitted in this case is dated 5 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 were 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 his
records were lost in that fire.  However, there were sufficient documents
in the reconstructed record to allow the Board to conduct a fair and
impartial review of the case.


4.  The applicant was inducted in the Army on 28 January 1943.  After
completion of basic and advance individual training, he was awarded
military occupational specialty (MOS) 345 (Truck Driver, Light).  The
applicant served in the European Theater of Operations during the period
21 June 1943 through 31 October 1945 as a member of the 45th Cavalry
Reconnaissance Troop.  The applicant was honorably discharged on
18 November 1945.

5.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of
Separation – Honorable Discharge), with the date of separation of 18
November 1945 and his DD Form 215 (Correction to DD Form 214), dated 30
April 2001, do not show award of the Combat Infantryman Badge.  His records
do not contain any orders awarding him the Combat Infantryman Badge.

6.  The applicant's service records contain a War Department Form 372
(Final Payment – Work Sheet) which does not show the applicant was
receiving Combat Infantry Pay.

7.  The applicant submitted a letter of support, dated 11 February 2005,
from a fellow Soldier.  The author stated that he managed to secure
numerous reports which show the campaigns he and the applicant participated
in.  The author continued that the reports included copies of Morning
Reports and Casualty Reports which were of poor quality.  The author
further stated that he had these reports transcribed in the similar format
as the originals.  The author continued that he personally remembers
serving with the applicant during the period August 1943 through October
1944 and can attest to the applicant's service during that timeframe.

8.  The applicant submitted four transcribed pages of Morning Reports for
the 45th Cavalry Reconnaissance Troop, dated 24 August 1943, 6 February
1944, and 14 February 1944.  These reproduced documents contain no
information regarding award of the Combat Infantryman Badge.

9.  The applicant submitted a six-page history of the 45th Cavalry
Reconnaissance Troop during the period 1 February 1944 through 18 October
1944.  This history gave a brief timeline of the unit's positioning,
patrolling, and battles during the stated eight-month period.

10.  The applicant submitted a one-page document with two headings, "Battle
Casualties" and "Hospital Cases."  This document shows an entry that the
applicant was admitted to the hospital on 6 February 1944 for "FUO" [Fever
of Unknown Origin] and returned to duty on 14 February 1944.

11.  The applicant submitted a one-page document with the heading
"Personnel Hospitalized During Month of October 1944 Continued."  This
document shows an entry that the applicant was hospitalized on 13 October
1944 for "Exhaustion."

12.  The applicant submitted a letter of support, dated 21 December 2004,
which included seven copies of maps of Italy, numbered 8 through 14.  The
author stated that he met the applicant when he was assigned to the 3rd
Platoon of the 45th Cavalry Reconnaissance Troop and became good friends.
The author continues with a background history of battle engagements of the
45th Cavalry Reconnaissance Troop during the period 24 January 1944 through
1 June 1944.

13.  The author further stated that during the period February through June
1944, the 45th Cavalry Reconnaissance Troop sustained 28 wounded in action,
5 killed in action, 5 missing in action, and 77 hospital cases.  The author
continued that he received a retroactive award of the Combat Infantryman
Badge for active ground combat while serving with the 45th Cavalry
Reconnaissance Troop of the 45th Infantry Division at the Anzio Beachhead,
Italy from 30 January through 1 June 1944.  The author concluded that he is
proud to have served in the
45th Cavalry Reconnaissance Troop during his early part of his military
career and have closely associated with the applicant during their four
months of active ground combat in Anzio and strongly recommends that the
applicant be awarded the Combat Infantryman Badge.

14.  War Department Circular 269-1943 established the Combat 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.  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.  The Military Awards Branch of
the US 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)

15.  The Order of Battle for Infantry Divisions which served in World War
II shows that the Mechanized Troop was a reconnaissance unit which operated
like modern-day cavalry units.  In fact, the Mechanized Troop of an
Infantry Division during World War II was officially designated in the unit
order of battle as the Division Cavalry Reconnaissance Troop.  During World
War II, some soldiers with infantry military occupational specialties
served in the Division Cavalry Reconnaissance Troop.  However, because this
unit was a sub-element of the Division Headquarters and not part of an
infantry unit of regimental or smaller size, the infantry soldiers serving
in the Division Cavalry Reconnaissance Troop were not eligible for award of
the Combat Infantryman Badge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to award of the Combat
Infantryman Badge based on the duties he performed outside of his military
occupational specialty as an infantryman.

2.  It is noted that the demands of combat may require non-infantry
Soldiers to temporarily perform the basic infantry duties that all Soldiers
were taught, but which are not a basis for the award of the Combat
Infantryman Badge.

3.  The records available do not contain any evidence which shows the
applicant was awarded the Combat Infantryman Badge.  There is no evidence
that the applicant served in an infantry specialty in ground combat during
World War II.

4.  Transcribed copies of Morning Reports show the applicant was a member
of the 45th Cavalry Reconnaissance Troop which was not an infantry unit of
regimental or smaller size.

5.  In the absence of evidence that the applicant was cited for exemplary
conduct in ground combat by the commander of an infantry regiment and
received combat infantry pay, there is insufficient evidence upon which to
base award of the Combat Infantryman Badge in this case.


6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 November 1945, 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

_LDS____  _RMN__  _REB____  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.




                                     __Linda D. Simmons____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050007581                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060112                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  157  |107.0111/CIB                            |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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