RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 September 2007
      DOCKET NUMBER:  AR20070005493


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Frank C. Jones                |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 the records of his deceased
father, a former service member (FSM), be corrected to show his entitlement
to the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that his father was transferred from
the Army Air Corps to the Army Infantry during the later part of World War
II.  He claims his father served with the 45th Infantry Division in
Germany, in a combat role.  He states that he recently requested his
father's decorations and sought the CIB.

3.  The applicant provides the following documents in support of the
application:  FSM's Separation Document (WD AGO Form 53-55); FSM's
Honorable Discharge Certificate; FSM's Death Certificate; and Applicant's
Birth Certificate.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The FSM'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 (NPRC) in 1973.  It is believed that the
FSM'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.  This case is being
considered using reconstructed records, which primarily consist of the
FSM's separation document.

3.  The FSM's WD AGO Form 53-55 shows he was inducted into the Army and
entered active duty on 19 March 1942.  Item 30 (Military Occupation
Specialty and Number) shows the applicant held military occupational
specialty (MOS)
014 (Automotive Mechanic).  The CIB is not listed in Item 31 (Military
Qualifications).

4.  Item 32 (Battles and Campaigns) of the FSM's WD AGO Form 53-55 shows he
participated in the Central Europe Campaign and Item 33 (Decorations and
Citations) shows he earned the following awards during his active duty
tenure:  Army Good Conduct Medal (AGCM); World War II Victory Medal;
European-African-Middle Eastern Campaign Medal; and American Campaign
Medal.

5.  On 10 November 1945, the FSM was honorably separated after completing a
total of 3 years, 7 months and 6 days of creditable active military
service.  The WD AGO Form 53-55 shows he held the rank of sergeant on the
date of his separation, and the applicant authenticated the separation
document with his signature in Item 56 (Signature of Person Being
Separated) on the date of his separation.

6.  War Department Circular 269-1943 established the CIB and Expert
Infantryman Badge (EIB) to recognize and provide an incentive to
infantrymen.  The EIB was to be awarded for attainment of certain
proficiency standards or by satisfactory performance of duty in action
against the enemy.  The CIB was awarded for exemplary conduct in action
against the enemy.

7.  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.  Additionally, World War II holders of the CIB
received a monthly pay supplement known as combat infantry pay and holders
of the EIB were entitled to expert infantry pay.  Therefore, Soldiers had
economic as well as intangible reasons to ensure that their records were
correct.  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:  Light machine gunner
(604); Heavy machine gunner (605); Platoon sergeant (651); Squad leader
(653); Rifleman (745); Automatic rifleman (746); Heavy weapons NCO (812);
and Gun crewman (864).

8.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards
policy.  Chapter 8 contains guidance on awarding the CIB.  It states, in
pertinent part, that there are basically three requirements for the CIB.
The Soldier must hold an infantry MOS, must serve with an infantry unit of
brigade, regimental, or smaller size, and must be personally present and
participate with his unit while it is engaged in active ground combat with
the enemy.  Combat service, battle, or campaign participation alone does
not support award of the CIB.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim that his father should receive the CIB was
carefully considered.  However, by regulation, in order to support award of
the CIB, a member must not only have been serving in an qualifying infantry
unit, but also must have held and been serving in an infantry MOS.  In this
case, while the evidence shows the FSM served in a qualifying infantry
unit, it also confirms he held and served in MOS 014 as an automotive
mechanic.

2.  Further, the CIB is not listed in Item 31 of the FSM's separation
document, where it should have been had he received the award.  In
addition, it is not included in the list of awards contained in Item 33,
and the FSM authenticated this document with his signature in Item 36.  In
effect, his signature was his verification that the information contained
on the WD AGO Form 53-55, including the entries in Item 30 and Item 33, was
correct at the time the separation document was prepared and issued.
Absent any evidence that shows the FSM held and served in an infantry MOS,
or that he was awarded the CIB by proper authority while serving on active
duty, the regulatory burden of proof necessary to support award of the CIB
has not been satisfied in this case.

3.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

4.  The Board wants the applicant and all others concerned to know that
this action in no way diminishes the sacrifices made by the FSM in service
to our Nation.  The applicant and all Americans should be justifiably proud
of the FSM's service in arms.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__LDS __  __FCJ___  __CD ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




                                  _____Linda D. Simmons____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070005493                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/09/06                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/11/10                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Demobilization                          |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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