RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 July 2007
	DOCKET NUMBER:  AR20070000932 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Ms. Kathleen Newman

Chairperson

Ms. Susan A. Powers

Member

Mr. Edward E. Montgomery

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, that item 31 (Military Qualification and Date), of his WD AGO Form 53-55 (Enlisted Record and Report of Separation), be corrected to show that he was awarded the Combat Infantryman Badge.

2.  The applicant states, in effect, that he was a combat infantryman who engaged in ground combat and was wounded in action.  

3.  The applicant provides a copy of his WD AGO Form 53-55 in support of his request. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 14 December 1945, the date of his separation from active duty.  The application submitted in this case is dated 3 January 2007.

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 were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was inducted and entered active duty on 3 April 1943.  He served in the European Theater of Operations (ETO) from 1 July 1944 to 17 November 1945.  While in service, he served in military occupational specialty 745, as a Rifleman.  He was honorably separated on 14 December 1945.

4.  The applicant’s WD AGO Form 53-55 shows that he was credited with participation in two campaigns of World War II.  He was awarded the Purple Heart, the American Theater Ribbon, the European-African-Middle Eastern Campaign Medal, with two bronze service stars, the World War II Victory Medal, and the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-1).  His WD AGO Form 53-55 does not show the Combat Infantryman Badge.  


5. Item 4 (Arm or Service), of the applicant's WD AGO Form 53-55, shows that he was an Infantry soldier.

6.  The applicant’s WD AGO Form 100 (Separation Qualification Record) shows that he served as a rifleman.  He loaded, aimed, and fired a rifle and automatic rifle to destroy enemy personnel and assisted in capturing and holding enemy positions.  

7.  Item 34 (Wounds Received in Action), of his WD AGO Form 53-55, shows the entry, "ETO – 7 Sept 44" (7 September 1944).

8.  The applicant was awarded the Purple Heart for wounds received in action on 7 September 1944, while assigned to an infantry organization, by the 141st (US) General Hospital in General Orders 29, dated 17 September 1944.  This award is shown on his DD Form 214.

9.  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 Awards Branch, Total Army Personnel 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)
10.  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.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

11.  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 to units 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. 

12.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign 
Participation Credit Register), dated 6 July 1961, shows that the applicant 
was assigned to a unit which was awarded the Distinguished Unit Citation by War Department General Orders Number 24, dated 1945.

13.  Department of the Army Pamphlet 672-1 shows, among other information, occupation credit awarded to units during World War II.  This document shows the unit to which the applicant was assigned, Company E, 318th Infantry Regiment, 80th Infantry Division, was awarded occupational credit for the occupation of Germany for the period from 20 May 1945 to 30 October 1945.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was an Infantry soldier, holding an Infantry MOS, performed the duties as a rifleman in combat, while assigned to an infantry unit, was wounded as an infantry Soldier, and was awarded the Purple Heart.  He is therefore entitled to award of the Combat Infantryman Badge for his service during World War II.  Based on the special provisions of the awards regulation, the applicant is also entitled to award of the Bronze Star Medal, based on award of the Combat Infantryman Badge, which is considered a citation in orders, and to have it added to his WD AGO Form 53-55.



2.   The applicant's unit was cited for award of the Presidential Unit Citation, while he was a member of the unit.  Therefore, he is entitled to correction of his records to show this unit award.

3.  The evidence of record shows that the applicant's unit of assignment served a period of qualifying service for award of the Army of Occupation Medal, with Germany Clasp.  He is therefore entitled to correction of his records to show this award. 

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 14 December 1945, 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:

___EM__  ___SP __  ___KAN_  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 the applicant the Combat Infantryman Badge and adding it to his WD AGO Form 53-55; 

	b.  awarding the applicant the Bronze Star Medal, based on award of the Combat Infantryman Badge, and adding it to his WD AGO Form 53-55; and

	c.  awarding the applicant the Presidential Unit Citation and the Army of Occupation Medal, with Germany Clasp, and adding these awards to his WD AGO Form 53-55.




______K A Newman______
          CHAIRPERSON




INDEX

CASE ID
AR20070000932
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070710
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19451214
DISCHARGE AUTHORITY
AR 615-361
DISCHARGE REASON

BOARD DECISION
GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.