RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         7 September 2006
      DOCKET NUMBER:  AR20060002103


      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:

|     |Ms. Susan A. Powers               |     |Chairperson          |
|     |Mr. Jonathan K. Rost              |     |Member               |
|     |Mr. David K. Hassenritter         |     |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 (CIB).

2.  The applicant states, in effect, he should be awarded the CIB based on
his World War II service.

3.  The applicant provides a separation document (WD AGO Form 53-55),
Honorable Discharge Certificate, Organization of Strategic Services (OSS)
letter, and four letters of commendation in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 26 October 1945.  The application submitted in this case
is dated
31 January 2006.

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.  This case is being
considered using reconstructed records, which primarily consist of the
applicant's WD AGO Form 53-55, War Department (WD) Form 372A (Final Payment
- Work Sheet), and the supporting documents submitted by the applicant.

4.  The applicant's 26 October 1945 WD AGO Form 53-55 shows he was
initially inducted into the Army on 28 April 1943 and entered active duty
on 5 May 1943.  It further shows that he was assigned to Headquarters and
Headquarters Detachment, OSS, and that he served in military occupational
specialty (MOS) 7620 (Parachute Rigger).

5.  The applicant's WD AGO Form 53-55 confirms he served in the European
Theater of Operations (ETO) from 1 February 1944 through 9 December 1944,
and in the Pacific Theater of Operations (PTO) from 30 April 1945 through
11 September 1945.  Item 31 (Military Qualifications) contains an entry
indicating he earned the Parachutist Badge, and Item 32 (Battles and
Campaigns) shows he participated in the Rome-Arno and Southern France
campaigns.

6.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-
55 shows he earned the European-African-Middle Eastern Campaign Medal with
bronze arrowhead, Army Good Conduct Medal (AGCM), and the Asiatic-Pacific
Campaign Medal during his active duty tenure.  The CIB is not included in
either Item 31 or Item 33, and the applicant authenticated this document
with his signature in Item 56 (Signature of Person Being Separated) on the
date of his separation from active duty.

7.  The applicant's National Personnel Records Center (NPRC) file contains
a WD Form 372A, dated 26 October 1945, which was prepared on the applicant
during his discharge processing.  The Combat Infantry Pay portion of this
document is blank, and the applicant authenticated this document with his
signature.

8.  The applicant provides a letter that confirms he was a fully accredited
member of the Supreme Allied High Command, and had been instructed to join
forces whenever possible with resistance units to wage unceasing war
against the German invader for the liberation of France.  He also provides
letters of commendation that commend him on his service with the OSS.

9.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  Paragraph 5-11 contains guidance on the World War II Victory
Medal.  It states, in pertinent part, that it was awarded to members for
service between
7 December 1941 and 31 December 1946, both dates inclusive.

10.  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
ETO.

11.  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.

12.  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.

13.  War Department Circular 186-1944 further provided that the CIB was to
be awarded only to infantrymen serving with infantry units of brigade,
regimental or smaller size.  Additionally, World War II holders of the CIB
received a monthly pay supplement known as combat infantry pay and holders
of the EIB 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.

14.  The Military Awards Branch of the United States 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 positions:  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).
All 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.  The
opinion does 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.  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.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the CIB was carefully
considered.  However, there is insufficient evidentiary basis to support
granting the requested relief.  By regulation, in order to support award of
the CIB, there must be evidence that the member held and served in an
infantry MOS, in a qualifying infantry unit of brigade, regimental, or
smaller size, and that he was personally present and participated with the
unit when in engaged in active ground combat with enemy forces.

2.  In this case, the evidence confirms the applicant served in the OSS and
was not assigned to a qualifying infantry unit of brigade, regimental, or
smaller size, and there is no evidence to show he held and served in a
qualifying infantry MOS.  Further, there is no evidence of his personal
participation in active ground combat with a qualifying infantry unit of
brigade, regimental, or smaller size.  His combat service with the OSS,
although extraordinary, did not support award of the CIB during World War
II.  Finally, his final pay worksheet confirms he was not receiving combat
infantry pay at the time of his separation, which he would have been had
been authorized the CIB.

3.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on (enter date); therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on (enter date).  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
failure to timely file in this case.

5.  The evidence shows the applicant is entitled to the World War II
Victory Medal, and 2 bronze service stars with his European-African-Middle
Eastern Campaign Medal based on his participation in the Rome-Armo and
Southern France campaigns while serving in the ETO.  The omission of these
awards
from his separation document is an administrative matter that does not
require Board action.  Therefore, the Case Management Support Division
(CMSD),
St. Louis, Missouri, will correct the applicant's record as outlined by the
Board in
paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___SAP     __JKR  __  ___DKH_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice related to award of the
Combat Infantryman Badge.  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 to show his entitlement to the World War II Victory Medal and 2
bronze service stars with his European-African-Middle Eastern Campaign
Medal; and by providing him a correction to his separation document that
includes this change.




                                  _____Susan A. Powers___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002103                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/09/07                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/10/26                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Demobilization                          |
|BOARD DECISION          |DENY with Note                          |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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