RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 May 2007
      DOCKET NUMBER:  AR20060016181


      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      |
|     |Ms. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ronald J. Weaver              |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. David W. Tucker               |     |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 Badge (correctly known as
the Combat Infantryman Badge (CIB)).

2.  The applicant states, in effect, that the CIB he was awarded in World
War II was not added to his discharge papers.

3.  The applicant provides a copy of his WD AGO Form 100 (Separation
Qualification Record) and a copy of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation, Honorable Service) in support of this
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 August 1946.  The application submitted in this case is
dated 6 November 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 ABCMR 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.

4.  The applicant's available record shows that he was inducted in the Army
of the United States on 24 March 1943 and entered active duty on 31 March
1943.  He completed basic combat training and advanced individual training
and was awarded the military occupational specialty (MOS) 745 (Rifleman).
The highest grade he attained was Private First Class, pay grade E-3.

5.  The applicant's WD AGO 53-55 shows, in item 36 (Service Outside
Continental U.S. and Return), that he served in the European Theater of
Operations (ETO) from 8 October 1943 through 18 June 1946, and that during
his ETO tour he was assigned to the 168th Infantry Regiment, 34th Infantry
Division, performing duties in MOS 745, Rifleman and MOS 345, Light Truck
Driver.

6.  Item 33 (Battles and Campaigns) of the applicant's WD AGO 53-55 shows
he participated in the Naples-Foggia, the Rome-Arno, and the North
Apennines campaigns.

7.  On 30 August 1946, the applicant was honorably discharged after
completing a total of 2 years and 18 days of creditable active military
service.  The WD AGO 53-55 he was issued shows he earned the following
awards during his active duty tenure:  the European-African-Middle Eastern
(EAME) Theatre Ribbon, the Army Occupation Medal (Germany), and the World
War II Victory Medal.

8.  Item 31 (Military Qualifications and Date (i.e., infantry, aviation,
and marksmanship badges, etc.) of the applicant’s WD AGO 53-55 does not
show award of the Combat Infantryman Badge.

9.  WD AGO Form 27 (Statement of Account) Voucher No. 2816, pertaining to
the applicant, for the period 1 October 1994 through 20 November 1944 shows
that the applicant received combat infantry pay from 1 October 1944 until
it was withdrawn on 20 November 1944.

10.  There are no orders in the available records which show the applicant
was awarded the Combat Infantryman Badge.

11.  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.  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:

    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)

12.  A review of the applicant’s records indicates entitlement to
additional awards and decorations that are not shown on his WD AGO From 53-
55.

13.  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.  Therefore, the Bronze Star Medal
is to be awarded to individuals who were authorized either badge for
service during World War II.

14.  The applicant's WD AGO 53-55 shows the applicant served within the ETO
during the period 8 October 1943 through 18 June 1946.

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Presidential Unit Citation (known as the Distinguished Unit
Citation until 3 November 1966) is awarded for extraordinary heroism in
action.  A unit must display such gallantry, determination and esprit de
corps in accomplishing its mission as would warrant award of the
Distinguished Service Cross to an individual.  WD General Orders Number 6-
45, shows that the unit the applicant was assigned to, the 168th Infantry
Regiment, received the Distinguished Unit Citation for the period 6 January
1944 through 13 February 1944.



16.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the foreign unit awards received by
units serving in the European Theater of Operations.  This document shows
that, at the time of the applicant’s assignment to the 168th Infantry
Regiment, the unit received campaign credit for the Naples-Foggia, the Rome-
Arno, the North Apennines, and the Central Europe campaigns

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Combat
Infantryman Badge.

2.  Records show the applicant served a qualifying period of service in a
qualifying MOS, received combat infantry pay, and served in an Infantry
unit during this period which is sufficient evidence for award of the
Combat Infantryman Badge.  Therefore, he is entitled to correction of his
records to show this award.

3.  Records show the applicant served a qualifying period of service for
award of the Bronze Star Medal based upon award of the CIB.  Therefore, he
is entitled to correction of his records to show this award.

4.  Records show the applicant’s unit served a qualifying period of service
for award of the Presidential Unit Citation.  Therefore, he is entitled to
correction of his records to show this award.

5.  Records show the applicant’s unit served a qualifying period of service
for campaign credit for the Central Europe campaign.  Therefore, he is
entitled to correction of his records to show this award.

6.  Records show the applicant was credited with participating in four
campaigns; therefore he is entitled to four bronze service stars to be
affixed to his already-awarded EAME ribbon.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 August 1945, the date of his
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.
Although the applicant did not file within the ABCMR's statute of
limitations, it is appropriate to waive failure to timely file based on the
fact there is no statute of limitations on requests for award of these
awards.
BOARD VOTE:

___RJW_  ___JCR__  ___DWT_  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 award of the Combat
Infantryman Badge, the Bronze Star Medal, the Presidential Unit Citation,
and four bronze service stars to be affixed to his already-awarded EAME
ribbon.




                                __Ronald J. Weaver____
                                      CHAIRPERSON





                                    INDEX

|CASE ID                 |AR20060016181                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/05/24                              |
|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. SCHWARTZ                            |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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