RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 January 2007
      DOCKET NUMBER:  AR20060009173


      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:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Mr. William Powers                |     |Member               |
|     |Mr. Roland Venable                |     |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 correction of his records to show award of the
Combat Infantryman Badge (CIB).

2.  The applicant states he was issued the CIB in the field on 6 May 1945
around Plauen.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation) and a map of organizations of the 87th Infantry
Division.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 21 April 1946.  The application submitted in this case is dated
19 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 21 March 1944.  His WD AGO
Form 53-55 shows his branch as Infantry.  He was assigned to the 87th
Infantry Division in the European-African-Middle Eastern Theater of
Operations on 24 October 1944.

5.  The applicant's WD AGO Form 100 (Separation Qualification Record) shows
he served in MOS 521 for 4 months in basic training; 6 months in MOS 746 as
an automatic rifleman; and 8 months in MOS 504 as a machine gunner.

6.  Item 32 (Battles and Campaigns) on his WD AGO Form 53-55 shows he
received credit for participation in the Rhineland Campaign.

7.  The applicant departed the European-African-Middle Eastern Theater of
Operations on 9 July 1945 and was honorably discharged on 21 April 1946.
His WD AGO Form 53-55 shows he was awarded the American Campaign Medal, the
European-African-Middle Eastern Theater Campaign Medal, the Purple Heart,
and the World War II Victory Medal.

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

9.  The applicant’s Final Payment - Worksheet shows he received combat
infantry pay from 1 April 1946 to 21 April 1946.

10.  War Department Circular 269-1943 established the CIB and the Expert
Infantryman Badge to recognize and provide an incentive to infantrymen.
The CIB was awarded for exemplary conduct in action against the enemy.  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.  The Awards Branch, U.S 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:

    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 prescribes Army policy and procedures
concerning individual military awards.  In pertinent part, it states that
the CIB 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 CIB, 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 CIB.  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.  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 CIB or the Combat Medical Badge is considered to be
a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to
individuals who were authorized either badge for service during World War
II.

13.  Army Regulation 600-8-22 authorizes a bronze service star, based on
qualifying service, for each campaign listed in Appendix B of this
regulation and states that authorized bronze service stars will be worn on
the appropriate campaign or service medal including the European-African-
Middle Eastern Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's WD AGO Form 53-55 shows his branch as Infantry and that
he served as an infantryman with an infantry unit in the European-African-
Middle Eastern Theater of Operations.  In addition, his Final Payment
Worksheet shows he received combat infantry pay.  Therefore, he met the
requirements for award of the CIB and his records should be corrected to
show the CIB.

2.  Based on the applicant’s award of the CIB, he is authorized award of
the Bronze Star Medal.

3.  The applicant received credit for participation in one campaign in the
European-African-Middle Eastern Theater of Operations.  Therefore, he is
entitled to one bronze service star for wear on his European-African-Middle
Eastern Campaign Medal.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 April 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; 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:

JM______  WP______  RV______  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 showing he was awarded the CIB, the
Bronze Star Medal (based on award of the CIB), and showing one bronze
service star for wear on his already awarded European-African-Middle
Eastern Campaign Medal.




                            John Meixell__________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060009173                           |
|SUFFIX                  |                                        |
|RECON                   |20070117                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0111                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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