RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  31 July 2007
	DOCKET NUMBER:  AR20070003433 


	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. Jeanette R. McCants

Chairperson

Mr.Thomas M. Ray

Member

Mr. Jeffrey C. Redmann

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, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show that he was awarded the Combat Infantryman Badge.  

2.  The applicant states, in effect, that he was recently advised that he may be eligible for the Combat Infantryman Badge due to his service with the 501st Parachute Regiment during the Battle of Bastogne, during World War II.  He was medically evacuated from the Battle of Bastogne due to combat wounds.  He was separated from the 501st Parachute Regiment.  He was never awarded the Combat Infantryman Badge and believes that it was because he departed the unit prior to the start of his paperwork.

3.  The applicant provides a copy of his WD AGO Form 53-55 and a copy of orders awarding him the Purple Heart in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 18 January 1946, the date of his separation from active duty.  The application submitted in this case is dated 27 February 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 March 1944 as a Truck Driver Light (7345).  He served in the European Theater of Operations (ETO) from 30 October 1944 to 3 January 1946.  He was honorably separated on 18 January 1946.

4.  His WD AGO Form 53-55 shows his Arm or Service, in item 4, as infantry  and his organization, in item 6, as 501 PARA (Parachute) Inf Reg (Infantry Regiment).  His military occupational specialty, in item 30, is Truck Driver Light, 7345.  There are no orders in the applicant’s personnel records which show that he was awarded the Combat Infantryman Badge.  

5.  The applicant’s WD AGO Form 53-55 shows that he was credited with participation in three campaigns of World War II.  He was awarded the European-African-Middle Eastern Campaign Medal, with three bronze service stars; the Good Conduct Medal; the Purple Heart; the Belgian Fourragere; the World War II Victory Medal; and the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar.  His WD AGO Form 53-55 does not show the Combat Infantryman Badge. 

6.  The applicant provided a copy of Headquarters, 129th (U.S. [United States]) General Hospital, General Orders Number 10, dated 3 February 1945, which awarded him the Purple Heart for wounds received as a result of enemy action on 22 December 1944, in Belgium. 

7.  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)
DISCUSSION AND CONCLUSIONS:

1.  To be entitled to award of the Combat Infantryman Badge, the evidence must show that an applicant held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental, or smaller size, and must have served in active ground combat while assigned or attached to this infantry unit.

2.  The applicant’s WD AGO Form 53-55 shows that he served as a Truck Driver Light, in MOS 7345, in an infantry unit, during his service in the ETO during World War II.  He was awarded the Purple Heart for wounds received as a result of enemy action on 22 December 1944 while serving in an infantry unit.  There is no evidence, and the applicant has provided none, to show that he was ever awarded an infantry MOS or served as an infantryman during his service in the ETO.  There is an insufficient basis to support an award of the Combat Infantryman Badge.  Therefore, is not entitled to correction of his records to show that he was awarded the Combat Infantryman Badge.

3.  Records show the applicant should have discovered the error or injustice now under consideration on 18 January 1946, the date of his separation from active duty.  The ABCMR was not established until 2 January 1947.  Therefore, the time for the applicant to file a request for correction of any error or injustice expired on 1 January 1950.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__JM____  __JCR__  __TMR__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.  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.




_____Jeanette McCants____
          CHAIRPERSON




INDEX

CASE ID
AR20070003433
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070731
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19460118
DISCHARGE AUTHORITY
AR 615-365
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.