RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 October 2006
      DOCKET NUMBER:  AR20060002730


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Ms. Sherry J. Stone               |     |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 he be awarded the Combat Infantryman Badge.

2.  The applicant states that during reclassification and transfer his
entitlement to the Badge was overlooked.

3.  The applicant provides copies of a 14 January 1947 WD AGO Form 53-55
(Enlisted Record and Report of Separation) and a WD AGO Form 55 (Enlisted
Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 14 January 1947, the date of his discharge.  The
application submitted in this case is dated 17 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.  Attempts to locate the applicant's records have met with negative
results.  It is believed that they were lost or destroyed in the 1973 fire
at the St. Louis repository.  Further, processing delays occurred in this
case due to jurisdictional restrictions.  In most circumstances requests
for correction of Army Air Corp personnel records are handled by the Air
Force.  However, on issues related to entitlement to Army awards and
decorations the Army retains jurisdiction.

4.  A 16 October 1945 WD AGO Form 55 indicates the applicant was a member
of 772nd Air Materiel Squadron and was discharged at the Air Force General
Depot Number 3 in Naples, Italy.  The Enlisted Record side of the WD AGO
Form 55 indicates the applicant entered active duty on 18 August 1943 and
was honorably discharged on 16 October 1945 for the purpose of enlistment
in the Regular Army.  He served in the European Theater of Operations
commencing on 3 March 1944.  His military occupational specialty is listed
as a Supply

Technician 826.  He is shown to have participated in the Rome-Arno and
North Appennines campaigns and his decorations are listed as European-
African-Middle Eastern Campaign Medal with two bronze service stars and the
Good Conduct Medal.

5.  A WD AGO Form 53-55, issued for the period 17 October 1945 through
14 January 1947 indicates the applicant was assigned to Squadron A, 610th
Army Air Force Base Unit as a Message Center Clerk (667).  His decorations
are listed as the World War II Victory Medal and he is shown to have
qualified as a marksman with the M1 rifle during the period of service.

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

7.  The Awards Branch, Total Army Personnel Command, 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:
 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).

DISCUSSION AND CONCLUSIONS:

1.  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
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 Combat Infantryman Badge.

2.  There is no documentation that the applicant ever served as an
infantryman in an infantry MOS.  Therefore there is insufficient evidence
to award him the Combat Infantryman Badge.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 January 1947; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 13 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 failure to timely file in this case.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__KLW__  __SJS__  __TMR___  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.




                                  __    Kenneth L. Wright___
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060002730                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061003                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |  . .                                   |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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