RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 February 2007
	DOCKET NUMBER:  AR20060009059 


	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.




	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); and that his separation document (WD AGO Form 53-55) be corrected to show his service in military occupational specialty (MOS) 745 (Rifleman).  

2.  The applicant states, in effect, that his WD AGO Form 53-55 should be corrected to show that in addition to serving in MOS 373 (Sales Clerk), he also served in MOS 745 (Rifleman).  He states that due to the omission of this MOS, from his separation document, he has been denied award of the CIB he is eligible for.  He now requests that his WD AGO 53-55 be corrected to show he served in MOS 745 as a rifleman and that he be awarded the CIB.

3.  The applicant provides the following documents in support of his application:  Self-Authored Statement; Third-Party Letter; WD AGO Form 53-55; Separation Qualification Record (WD AGO Form 100); White House Letter, dated 
26 September 2005; Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty, or Retirement (WD AGO Form 38); and Unit History Document Extracts. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice that occurred on 20 December 1945.  The application submitted in this case was received on 28 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.  This case is being considered using reconstructed records that consist of the applicant's WD AGO Form 53-55, 
WD AGO Form 100, and his Final Payment Worksheet (WD Form 372A).  

4.  The applicant’s WD AGO Form 53-55 confirms he was inducted into the Army and entered active duty on 19 February 1944.  It further shows that he served in the European Theater of Operations (ETO) from 14 August 1944 through 
29 November 1945.  Item 4 (Arm of Service) contains an entry that indicates he was a member of the Infantry branch of service.  Item 6 (Organization) shows he was assigned to Company C, 12th Infantry Regiment, 4th Division. 

5.  Item 30 (Military Occupational Specialty and Number) of the applicant's 
WD AGO Form 53-55 shows he was serving in MOS 373 (Sales Clerk) at the time of his separation.  Item 31 (Military Qualifications) contains the entry "Not Available".  Item 32 (Battles and Campaigns) shows he participated in the Rhineland campaign of World War II, and Item 33 (Decorations and Citations) shows that during his active duty tenure, he earned the European-African-Middle Eastern Campaign Medal with 1 bronze service star, Army Good Conduct Medal, and the World War II Victory Medal.  It also shows that applicant was honorably separated on 20 December 1945, in the rank of private first class (PFC).  The applicant authenticated this separation document with his signature in Item 56 (Signature of Person Being Separated).  

6.  The applicant's Separation Qualification Record (WD AGO Form 100), which was prepared using his service records and a personal interview with the applicant during his separation processing, shows the applicant performed duties in MOS 345 (Light Truck Driver) for a period of 9 months and in MOS 373 (Sales Clerk) for a period of 10 months.  This document also confirms the last MOS the applicant performed duties in was 373 (Sales Clerk), which is the MOS he was serving in at the time of his separation.  The WD AGO Form 100 gives no indication that the applicant ever served in MOS 745 as a rifleman.  

7.  A Final Payment Worksheet (WD Form 372A) pertaining to the applicant, which was prepared during his separation processing, is void of an entry in the combat infantry pay block of the form.    

8.  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.  Additionally, World War II holders of the CIB received a monthly pay supplement known as combat 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.  The Military Awards Branch of the 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: 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.  Army Regulation 600-8-22 (Military Awards) Paragraph 5-12 contains guidance on the European-African-Middle Eastern Campaign Medal.  It states, in pertinent part, that a bronze arrowhead is authorized for assault landing credit and a bronze service star is authorized for each campaign a member is credited with participating in while in the ETO.  

11.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  It confirms that during his tenure of assignment, the applicant’s unit (12th Infantry Regiment, 4th Infantry Division) was awarded the Distinguished Unit Citation (DUC), which is now known as the Presidential Unit Citation (PUC), Belgian Fourragere, and the Army of Occupation Medal with Germany Clasp.  This publication also shows that during this period, the unit was credited with participating in the Ardennes-Alsace, Central Europe, Northern France, and Rhineland campaigns.

12.  Technical Manual 12-235, which prescribed the policy and procedure for the preparation and distribution of separation documents during the period in question, states that the MOS in which a member is serving on the date of his separation would be entered in Item 30 of the WD AGO Form 53-55.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that he held and served in an infantry MOS as a rifleman and as a result is entitled to the CIB was carefully considered.  However, there is insufficient evidence to support these claims.  

2.  By regulation, in order to qualify for the CIB, a member must have held an infantry MOS, served in a qualifying infantry unit of brigade, regimental, or smaller size, and must have been present with the unit and personally participated in active ground combat.  


3.  The evidence of record in this case, while showing the applicant was a member of the Infantry branch and that he served in a qualifying infantry unit, also confirms the only MOS’ he served in were MOS 345 (Light Truck Driver) and MOS 373 (Sales Clerk), as evidenced by the WD AGO Form 53-55 and 
WD AGO Form 100 prepared on the applicant during his separation processing.  Further, the applicant's final WD Form 372A confirms he was not receiving combat infantry pay, which he would have had he been serving in an infantry MOS.  The applicant authenticated both his WD AGO Form 53-55 and WD Form 372A with his signature at the time of his separation.  In effect, his signature was his verification that the entries contained on these documents were correct at the time they were prepared and issued.  Therefore, absent any evidence confirming his service in an infantry MOS, or that he was ever awarded the CIB by proper authority while serving on active duty, the regulatory burden of proof necessary to support award of the CIB has not been satisfied in this case, and there is an insufficient evidentiary basis to support adding MOS 745 to his separation document.  

4.  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. 

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 20 December 1945.  Therefore, based on the date the Board was established, 2 January 1947, the time for him to file a request for correction of any error or injustice expired on 1 January 1950.  He failed to 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.

6.  The evidence of record confirms that based on his service and participation in the Ardennes-Alsace, Central Europe, Northern France, and Rhineland campaigns during World War II, the applicant is entitled to the Presidential Unit Citation (PUC), Belgian Fourragere, Army of Occupation Medal with Germany Clasp, and 4 bronze service stars with his European-African-Middle Eastern Campaign Medal, and to have his separation document corrected to reflect the campaigns he was credited with participating in.  The omission of these items 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 administratively correct his record as outlined in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X  _  __X      __X __  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 the applicant's MOS or award of the CIB.  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 20 December 1945 WD AGO Form 53-55 by adding the Ardennes-Alsace, Central Europe, and Northern France campaigns to Item 32 and by adding the 
Presidential Unit Citation, Belgian Fourragere, Army of Occupation Medal with Germany Clasp, and 4 bronze service stars with his European-African-Middle Eastern Campaign Medal to Item 33; and by providing him a correction to his separation document that reflects these changes.  




_____X____
          CHAIRPERSON




INDEX

CASE ID
AR20060009059
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/02/27
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1945/12/20
DISCHARGE AUTHORITY
  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Schwartz 
ISSUES         1.
107
2.

3.

4.

5.

6.