RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 July 2006
      DOCKET NUMBER:  AR20050017773


      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          |
|     |Ms. Barbara Ellis                 |     |Member               |
|     |Mr. Donald Lewy                   |     |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 eligible for the Combat Infantryman Badge
because he spent over 3 to 4 months on the front lines of action.  He was
wounded in Germany on 8 October 1944 and received a Purple Heart.  He also
states he was in the battle of the Normandy invasion.

3.  The applicant provides a copy of general orders for award of the Purple
Heart and his WD AGO Form 53-55 (Enlisted Record and Report of Separation).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred
on 17 December 1945.  The application submitted in this case was received
on 15 December 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 of the United States on
25 November 1942 and entered active duty on 2 December 1942.  His WD AGO
Form 53-55 shows he held military occupational specialty (MOS) 747
(Airplane Mechanic).  He was assigned to the 326th Ferrying Squadron in the
European-African-Middle Eastern Theater of Operations on 27 June 1944.

5.  Item 4 (Arm or Service) on his WD AGO Form 53-55 shows his branch as
Army Air Corps.

6.  The applicant’s WD AGO Form 100 (Separation Qualification Record) shows
he served in MOS 521 for one month in basic training as an infantryman and
he served in MOS 747 for 35 months as an airplane mechanic.  Item 13
(Summary of Military Operations) indicates he served in France, England,
Belgium, and Germany with the 9th Infantry Division as a gunner of a .30
caliber machine gun. This document also indicates he was an airplane
mechanic with the 9th Air Force and he repaired, maintained, and overhauled
Pratt Whitney engines on B-26 bombers and C-47 transport planes.

7.  Headquarters, 25th General Hospital General Orders Number 31 dated
17 October 1944 awarded the applicant the Purple Heart.  These orders show
his branch as Infantry.

8.  The applicant departed the European-African-Middle Eastern Theater
of Operations on 3 December 1945 and was honorably discharged on
17 December 1945.  His WD AGO Form 53-55 shows he was awarded the Purple
Heart, the American Campaign Medal, the European-African-Middle Eastern
Campaign Medal, the Army Good Conduct Medal, and the World War II Victory
Medal.

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

10.  Item 32 (Battles and Campaigns) shows he received campaign credit for
participation in the Normandy, Northern France, and Rhineland campaigns.

11.  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)

12.  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 has 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.

13.  Army Regulation 600-8-22 also 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.  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.  The applicant’s WD AGO Form 53-55 shows his branch as Army Air Corps
and was assigned to the 326th Ferrying Squadron in the European-African-
Middle Eastern Theater of Operations.

2.  The applicant’s WD AGO Form 100 shows he held MOS 747 and served as an
airplane mechanic with the 9th Infantry Division in the European-African-
Middle Eastern Theater of Operations.  Although he was assigned to an
infantry division, there is no evidence available which shows he was
awarded an infantry MOS and served as an infantryman during combat in the
European-African-Middle Eastern Theater of Operations.  Therefore, he has
not met all the requirements for award of the Combat Infantryman Badge.


3.  The applicant received campaign credit for participation in the
Normandy, Northern France, and Rhineland campaigns.  Therefore, it would be
appropriate to amend his records to show three bronze service stars for
wear on his European-African-Middle Eastern Campaign Medal.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 17 December 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.

5.  The evidence shows that the applicant’s record contains an
administrative error that does not require action by the Board.  The
necessary corrections will be accomplished administratively by the Case
Management Support Division (CMSD), St. Louis, Missouri, as outlined in
paragraph 3 of the Determination/Recommendation section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JV______  BE______  DL______  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 an administrative error in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned by showing three bronze service stars for wear on his
European-African-Middle Eastern Campaign Medal.




                                  James Vick____________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017773                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|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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