RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 December 2006
      DOCKET NUMBER:  AR20060008408


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Peter Fisher                  |     |Chairperson          |
|     |Mr. Thomas Ray                    |     |Member               |
|     |Mr. Jeffrey Redmann               |     |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 that he served with the 193rd and 194th Infantry
Regiments of the 17th Airborne Division during World War II.  He contends
that he saw combat in the Ardennes campaign and that he served during the
occupation in Germany.

3.  The applicant provides a DD Form 215 (Correction to DD Form 214); a WD
AGO Form 100 (Separation Qualification Record); and a copy of 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 18 January 1946.  The application submitted in this case is
dated 31 May 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.

4.  The applicant was inducted on 2 April 1943 and entered active duty on 9
April 1943.  He served in the European Theater of Operations from
approximately August 1944 through 29 December 1945 and was honorably
discharged with a certificate of eligibility on 18 January 1946.

5.  The applicant's WD AGO Form 53-55 shows the European-African-Middle
Eastern Campaign Medal, the Good Conduct Medal, the World War II Victory
Medal, and the American Campaign Medal as authorized awards.

6.  There are no orders for the Combat Infantryman Badge in the available
records.  However, the applicant’s War Department Form 372B (Final Payment
– Work Sheet) shows that he received combat infantry pay.

7.  A DD Form 215, dated 30 July 2001, amended the applicant’s WD AGO Form
53-55 to show the European-African-Middle Eastern Campaign Medal with three
bronze service stars, the Glider Badge, and the Parachutist Badge.

8.  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.
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.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Bronze Star Medal is awarded for heroism and for meritorious
achievement or service in military operations against an armed enemy.  The
Bronze Star Medal is authorized for each individual who was cited in orders
or awarded a certificate for exemplary conduct in ground combat between
7 December 1941 and 2 September 1945 or whose achievement or service,
during that period, was confirmed by documents executed prior to 1 July
1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge
is considered to be a citation in orders.  This means, in effect, that the
Bronze Star Medal is to be awarded to individuals who were authorized
either badge for service during World War II.

DISCUSSION AND CONCLUSIONS:

1.  The applicant received combat infantry pay during World War II.
Therefore, there is sufficient evidence on which to base award of the
Combat Infantryman Badge in this case.

2.  Based on award of the Combat Infantryman Badge, the applicant is
entitled to award of the Bronze Star Medal.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 January 1946; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
1 January 1950 (3 years after the Board was established on 2 January 1947).
 The applicant did not file within the 3-year statute of limitations;
however, based on the available evidence it would be in the interest of
justice to excuse failure to timely file in this case.

BOARD VOTE:

PF_____  __TR___  _JR_____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by:

      a.  awarding him the Combat Infantryman Badge; and


      b.  amending his WD AGO Form 53-55 to add the Combat Infantryman Badge
and the Bronze Star Medal (based on award of the Combat Infantryman Badge).


                            ___Peter Fisher_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060008408                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061221                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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