RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         8 August 2006
      DOCKET NUMBER:  AR20060000236


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. James R. Hastie               |     |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, that the Combat Infantryman Badge
(CIB) be awarded to her deceased father, a former service member (FSM).

2.  The applicant states, in effect, she recently discovered a photograph
of the FSM in uniform wearing a CIB.

3.  The applicant provides an extract of a newspaper article containing a
photo of the FSM in uniform in support of the application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that  occurred on 31 May 1962, the date of the FSM's final release from
active duty (REFRAD) for retirement.  The application submitted in this
case is dated 27 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 FSM's military records show that he was honorably REFRAD for the
purpose of retirement on 31 May 1962.  At the time, he held the rank of
sergeant first class (SFC), and he had completed a total of 30 years, 3
months, and
14 days of active military service.  His record and separation documents
issued to him in 1945, 1948, 1952, 1958, and 1962, shows that during his
active duty tenure, he earned the following awards:  Bronze Star Medal;
Army Good Conduct Medal (AGCM), 6th Award; American Defense Service Medal;
American Campaign Medal; European-African-Middle Eastern Campaign Medal
with
7 bronze service stars; World War II Victory Medal; Army of Occupation
Medal with Germany Clasp; National Defense Service Medal; Combat Medic
Badge; Expert Qualification Badge with Pistol and Machine Gun Bars;
Sharpshooter Qualification Badge with Rifle Bar; and Army Lapel Button.

4.  The FSM's record shows that during World War II, he served in military
occupational specialty (MOS) 824 (Mess Sergeant), and MOS 673 (Medical
NCO), with the 22nd Infantry Regiment, 4th Infantry Division.  It also
shows that on 17 June 1944, he was awarded the Combat Medical Badge.  His
record contains no documents, or orders that indicate he ever held and
served in an infantry MOS, or that he was ever awarded the CIB while
serving on active duty.  Further, there is no indication that the FSM ever
claimed entitlement to the CIB prior to his 1962 retirement.

5.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
procedures concerning awards.  Paragraph 3-13d (2) of the awards states, in
effect, that the Bronze Star Medal is authorized to members of the Armed
Forces of the United States who, after 6 December 1941, were cited in
orders or awarded a certificate for exemplary conduct in ground combat
against an armed enemy between 7 December 1941 and 2 September 1945.  This
paragraph also stipulates that for this purpose, an award of the Combat
Medical Badge is considered as a citation in orders.  An Oak Leaf Cluster
is awarded to denote a second or subsequent award of the Bronze Star Medal.


6.  .  Paragraph 5-12 of the awards regulation contains guidance on the
European-African-Middle Eastern Campaign Medal.  It states, in pertinent
part, that a bronze service star is authorized with this award for each
campaign a member is credited with participating in while serving in the
European Theater of Operations (ETO).  A silver service star is used in
lieu of 5 bronze service stars to denote participating in 5 campaigns.

7.  Paragraph 8-6 of the awards regulation provides guidance on award of
the CIB.  That paragraph states that there are basically three requirements
for award of the Combat Infantryman Badge.  The Soldier must be an
infantryman satisfactorily performing infantry duties, he must be assigned
to an infantry unit during such time as the unit is engaged in active
ground combat, and he must actively participate in such ground combat.

8.  War Department Circular 269-1943 established the CIB and the Expert
Infantryman Badge (EIB) to recognize and provide an incentive to
infantrymen.  The EIB was to be awarded for attainment of certain
proficiency standards or by satisfactory performance of duty in action
against the enemy.  The CIB was awarded for exemplary conduct in action
against the enemy.

9.  War Department Circular 186-1944 provided that the CIB was to be
awarded only to infantrymen serving with infantry units of brigade,
regimental or smaller size.  The Military Awards Branch of the U.S. Army
Human Resources Command, (USAHRC) has advised in similar cases that, during
World War II, the CIB was normally awarded only to enlisted individuals who
served in the following infantry positions/MOSs:  light machine gunner
(604); heavy machine gunner (605); platoon sergeant (651); squad leader
(653); rifleman (745); automatic rifleman (746); heavy weapons NCO (812);
and gun crewman (864).

10.  Military Awards Branch officials also advised that Soldiers are
provided basic combat skills training after they enter the Army.  This is
provided to ensure that all Soldiers have the survival skills to perform
basic infantry missions when the need arises.  No other Soldier in combat
is more exposed on a daily basis to the dangers and hardships of war and no
other branch of the service suffers more casualties than the infantry.  To
maintain the prestige, uniqueness, and traditional value of the CIB, the
criteria for award has changed little over the years.  Awards officials
also note that the exigencies of combat may require non-infantry Soldiers
to temporarily perform the basic infantry duties that all Soldiers are
taught but it is not a basis for the award of the CIB.

11.  The awards regulation provides, in pertinent part, that the Combat
Medical Badge is awarded to medical department personnel (colonel and
below) who are assigned or attached to a medical unit of company or smaller
size that is organic to an infantry unit of brigade, regimental or smaller
size which is engaged in active ground combat.  Battle participation credit
is not sufficient; the infantry unit must have been in contact with the
enemy and the Soldier must have been personally present and under fire
during such ground combat.  Information supplied by the Center for Military
History indicates that although medical companies were frequently further
attached to support operations of corps and divisions only medical
personnel in the organic medical companies of the infantry regiments
historically met the requirements for qualifying service for the Combat
Medical Badge.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  The instructions for completing the DD Form 214 provide, in pertinent
part, that all awards and decorations for all periods of service will be
listed on the DD Form 214, as verified from the member's records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the FSM earned the CIB, and the
supporting newspaper article she provided were carefully considered.
However, there is insufficient evidence to support this claim.  The
evidence of record confirms that during his World War II service with the
22nd Infantry Regiment, the FSM served as a mess sergeant and medical
specialist.  It further shows that based on his combat service with a
qualifying infantry unit as a medical specialist, he was awarded the Combat
Medical Badge.  There is no indication that the FSM served in a qualifying
infantry position/MOS during his World War II service, or that he was ever
recommended for, or awarded the CIB by proper authority while serving on
active duty.  Therefore, the regulatory requirements necessary to qualify
for the CIB have not been satisfied in this case.

2.  Records show that the alleged error or injustice now under
consideration should have been discovered on 31 May 1962, the date of the
FSM's retirement. Therefore, the time to file a request for correction of
any error or injustice expired on 30 May 1965.  No claim was filed within
the 3-year statute of limitations and the applicant has not provided a
compelling explanation or evidence to show that it would be in the interest
of justice to excuse failure to timely file in this case.

3.  The evidence confirms the FSM was entitled to receive a second award of
the Bronze Star Medal based on his having earned the Combat Medical Badge,
and that all of his earned awards and decorations are not properly
documented on the separation documents he was issued between 1945 and 1962.
 The omission of these awards from his record and separation documents is
an administrative matter that does not require Board action to correct.
Therefore, the Case Management Support Division (CMSD), St. Louis,
Missouri, will be requested to issue a correction to his final separation
document that includes all his awards, as listed in paragraph 3 of the
BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JEA _  __DED __  __JRH __  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 by amending his 31 May 1962 DD Form 214 by deleting the current
entry in Item 26 (Decorations, Medals, Badges, Commendations, Citations,
and Campaign Ribbons Awarded or Authorized) and replacing it with the
following list of awards:  "Bronze Star Medal with 1st Oak Leaf Cluster
(2nd Award); Army Good Conduct Medal (6th Award); American Defense Service
Medal; American Campaign Medal; European-African-Middle Eastern Campaign
Medal with 1 silver service star and 2
bronze service stars; World War II Victory Medal; Army of Occupation Medal
with Germany Clasp; National Defense Service Medal; Combat Medical Badge;
Expert Qualification Badge with Pistol and Machine Gun Bars; Sharpshooter
Qualification Badge with Rifle Bar; and Army Lapel Button"; and by
providing the applicant the FSM's corrected separation document that
includes these changes.




                                  _____James E. Anderholm__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000236                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/08/08                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1962/05/31                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |DENY with Adm Note                      |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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