RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  4 October 2007
	DOCKET NUMBER:  AR20070006861 


	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. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Ms. Susan A. Powers

Chairperson

Mr. Edward E. Montgomery

Member

Mr. Qawiy A. Sabree

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 the military occupational specialty (MOS) on his WD AG Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) from Tank Driver 1736 to Infantry and award of the Combat Infantryman Badge.

2.  The applicant states that he was assigned to the 104th Cavalry Reconnaissance Squadron which was attached to the 66th Infantry (Panther) Division from 21 March 1945 to 10 May 1945 during which time he performed duties of an infantryman.

3.  The applicant provides a copy of his WD AG Form 53-55; WG AGO Form 100 (Separation Qualification Record); a copy of Headquarters, 66th Infantry Division Order of the Day, dated 15 April 1945; and extracts of the book "Hitler's V-Boat (sic) Fortress" by Randolph Bradham, in support of his application. 

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests correction of the applicant's records to show his MOS as "Infantryman" instead of "Tank Driver."

2.  Counsel states that the applicant performed combat duty when the 104th Cavalry was attached to the 66th Infantry Division for a period of 50 days from 21 March 1945 to 10 May 1945.

3.  Counsel provided assistance to the applicant in assembling and attaching the above documents in support of his application.

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 applicant's complete military records are not available 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.  However, those remaining documents together with the applicant's submitted documents were sufficient in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active duty on 14 June 1944 at Fort Snelling, Minnesota.  He was trained in, awarded, and served in military occupational specialty (MOS) 1736 (Tank Driver).  This form also shows that he was further assigned to the 104th Cavalry Reconnaissance Squadron (Mechanized). 

4.  The applicant's WD AGO Form 53-55 further shows he served in the European Theater of Operations (ETO) during the period 16 February 1945 through 24 August 1945.

5.  The applicant's WD AGO Form 53-55 shows he completed 10 months and 23 days of continental service and 6 months and 29 days of foreign service.  He was honorably separated on 5 December 1945.

6.  Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55 shows he participated in the Northern France and Central Europe campaigns.

7.  Item 31 (Military Qualifications and Date) of the applicant's WD AGO Form
53-55 does not show he was awarded the Combat Infantryman Badge.

8.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows the applicant was awarded the European-African-Middle-Eastern Theater Ribbon (now known as the European-African-Middle Eastern Campaign Medal) and the Good Conduct Medal.  Item 33 does not show award of the Combat Infantryman Badge.

9.  Item 12 (Military Occupational Specialty) of the applicant's WD AGO Form 100 shows that the applicant performed duties as follows:

	a.  Mechanized Cavalry Basic, MOS 521, for 4 months;

	b.  Tank Driver, MOS 1736, for 5 months;

	c.  Gunner, MOS 1736, for 3 months; and

	d.  Tank Commander, MOS 1736, for 5 months. 
10.  Item 13 (Title, Description, Related Civilian Occupation) of the applicant's WD AGO Form 100 shows that the applicant performed duties of Tank Driver, drove light tanks over all terrain in all conditions, did black out and buttoned up driving, and later acted as a tank commander.

11.  Headquarters, 66th Infantry, Order of the day, dated 15 April 1945, show that the 66th Infantry Division was awarded a battle star for participation in the Campaign of Northern France. 

12.  The book extract titled "Hitler's U-Boat Fortress" submitted by the applicant shows that the 104th Cavalry Squadron was attached to the 66th Infantry Division and that it was given an infantry mission on 2 April 1945 near Blain, France.  All 250 armored and reconnaissance vehicles of the Squadron manned their positions and performed their duties as reconnaissance vehicles.

13.  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)


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of the MOS on his records from tanker to infantryman and award of the CIB.

2.  All Soldiers are provided basic combat skills training after they enter the Army. This is provided to ensure that all Soldiers have the survival skills to perform basic infantry missions when the need arises.  Evidence of available records show that the applicant held MOS 1736 (Tank Driver) and performed duties as a tank driver, gunner, or tank commander throughout his military career.  Therefore, he is not entitled to correction of his records to show his MOS as Infantry.

3.  Evidence available in the reconstructed record shows that the applicant served in an armor/tanker MOS, in a cavalry squadron during World War II.  He did not hold a qualifying MOS for award of the Combat Infantryman Badge.  Therefore, the applicant is not entitled to award of the Combat Infantryman Badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__sap___  __eem___  __qas___  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.



							Susan A. Powers
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070006861
SUFFIX

RECON

DATE BOARDED
20071004
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.