RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 March 2007
	DOCKET NUMBER:  AR20060013319 


	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. Gerard W. Schwartz

Acting Director

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. John T. Meixell

Member

Mr. Roland S. 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 Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) to show award of the Combat Infantryman Badge. 

2.  The applicant states that his not receiving the Combat Infantryman Badge was due to oversight or clerical error.

3.  The applicant provides a copy of his WD AGO Form 53-55, extracts from his diary, and his Pay Data Card for Enlisted Personnel (WD AGO Form 28). 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 20 December 1945, the date of his discharge.  The application submitted in this case is dated 2 August 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.  On 4 January 1943, the applicant was inducted into the Army of the United States.  He completed his initial training and was assigned to the Infantry.

4.  On 6 August 1944, the applicant departed the United States and arrived in the European Theater of Operations on 11 August 1944.  

5.  On 16 December 1945, the applicant returned to the United States and was honorably discharged on 20 December 1945.  He had completed 2 years, 
11 months, and 10 days of creditable military service, and had attained the rank of staff sergeant. 

6.  The applicant's WD AGO 53-55 indicates in Item 31 (Military Qualification and Date) Sharpshooter Marksmanship Qualification with his rifle.  Item 32 (Battles and Campaigns) indicates that he participated in the following four campaigns:  Northern France, Ardennes, Rhineland, and Central Europe.   Item 33 (Decorations and Citations) lists the Bronze Star Medal, American Campaign Medal, European-African-Middle Eastern Campaign Medal with four bronze service stars, the Good Conduct Medal, and the World War II Victory Medal.

7.  War Department Form (WD Form 372) "Final Payment-Work Sheet", shows that the applicant received combat infantry pay in the amount of $16.67 for December 1945.

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 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. 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 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.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.  An Oak Leaf Cluster denotes a second award.

DISCUSSION AND CONCLUSIONS:

1.  The evidence clearly shows that the applicant was an infantryman during World War II in an infantry unit and received combat infantry pay, indicating that he had served in combat.   Therefore, his records should be corrected to show award of the Combat Infantryman Badge.

2.  Based on award of the Combat Infantryman Badge, the applicant should be awarded another Bronze Star Medal. 

3.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 20 December 1945, the date of the applicant's separation from active duty.  However, 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 or argument, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

__LDS___  __RSV _  __JTM___  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 Bronze Star Medal with First Oak Leaf Cluster; and

	b.  showing that, in addition to the awards shown on his WD AGO 53-55, his authorized awards include the Combat Infantryman Badge and an Oak Leaf Cluster on his Bronze Star Medal.



__    Linda D. Simmons_____
          CHAIRPERSON




INDEX

CASE ID
AR20060013319
SUFFIX

RECON
 
DATE BOARDED
20070322 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
  . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.