RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 December 2006
      DOCKET NUMBER:  AR20060008967


      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:

|     |Ms. Kathleen Newman               |     |Chairperson          |
|     |Mr. Paul Smith                    |     |Member               |
|     |Mr. John Moeller                  |     |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, correction of his WD AGO Form 53-55
(Enlisted Record and Report of Separation) to show award of the Combat
Infantryman Badge, the Bronze Star Medal, and any other medals to which he
is entitled.

2.  The applicant states the Combat Infantryman Badge was never entered on
his discharge document.  He states that he is entitled to the Bronze Star
Medal after correction of his records to show the Combat Infantryman Badge
because he served at the Battle of the Bulge.

3.  The applicant provides a copy of his WD AGO Form 53-55; a photocopy of
his Army jacket; his citation and general orders for award of the Purple
Heart; his WD AGO Form 100 (Separation Qualification Record); a copy of his
former Platoon Sergeant’s WD AGO Form 53-55; a personal letter; and a
letter from the Veterans Affairs Office of Lexington County, South
Carolina.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred

on 31 January 1946.  The application submitted in this case is dated 12
June 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 into the Army on 18 May 1943 and entered
active duty on 25 May 1943.  His WD AGO Form 53-55 shows he held military
occupational specialty (MOS) 076 (Topographic Draftsman) at the time of
separation.  He was assigned to the Anti-Tank Company, 289th Infantry in
the European-African-Middle Eastern Theater of Operations on 3 November
1944.

5.  Headquarters, 75th Infantry Division, General Orders Number 301, dated
27 September 1945, awarded the applicant the Purple Heart for wounds he
sustained in action on 5 January 1945.

6.  The applicant's Separation Qualification Record shows he served in MOS
521 for two months in basic training; six months in MOS 345 as a truck
driver; 22 months in MOS 729 as a pioneer; and 2 months in MOS 076 as a
topographic draftsman.  Item 13 (Summary of Military Operations) indicates
he served as a draftsman in the 75th Infantry Division in the European
Theater and prepared maps of mine fields which were laid by the mines
platoon of an Anti-Tank Company.  This document also indicates he served as
a pioneer during actual combat and served on a team which laid mine fields
and fixed booby traps.

7.  The applicant departed the European-African-Middle Eastern Theater of
Operations on 16 January 1946 and was honorably discharged on 31 January
1946.  His WD AGO Form 53-55 shows he was awarded the Army Good Conduct
Medal, the American Campaign Medal, the European-African-Middle Eastern
Theater Campaign Medal with three bronze service stars, and the Purple
Heart.

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

9.  The applicant provided a copy of his former Platoon Sergeant’s WD AGO
Form 53-55 which shows his MOS as Pioneer 729 and award of the Combat
Infantryman Badge.

10.  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)

11.  Army Regulation 600-8-22 (Military Awards) 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.

12. Technical Manual (TM) 12-427, dated 12 July 1944, governed the military
occupational classification of enlisted personnel.  It listed MOS 729 as a
Pioneer (a basic engineer MOS).

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
World War II Victory Medal.  It is awarded for service between 7 December
1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s WD AGO Form 53-55 shows his branch as Infantry and
that he was assigned to the Anti-Tank Company, 289th Infantry in the
European-African-Middle Eastern Theater of Operations.

2.  The applicant’s WD AGO Form 100 shows he held MOS 729 and MOS 076 and
served as pioneer and topographic draftsman with the 75th 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 or served as an infantryman 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.  It is noted that the applicant’s former Platoon Sergeant’s WD AGO Form
53-55 shows his MOS as Pioneer and award of the Combat Infantryman Badge.
However, it cannot be determined why his former Platoon Sergeant was
awarded the Combat Infantryman Badge.

4.  The applicant served a period of qualifying service for award of the
World War II Victory Medal.  Therefore, this award should be added to his
WD AGO Form 53-55.

5.   Evidence shows that the applicant’s records contain an administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 January 1946, 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

KN______  PS______  JM______  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 to show the World War II Victory Medal.




                                  Kathleen Newman_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060008967                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061219                                |
|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.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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