RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  05 February 2008
	DOCKET NUMBER:  AR20070009253 


	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. Deyon D. Battle

Analyst

The following members, a quorum, were present:


Mr. Kenneth L. Wright

Chairperson

Mr. Antonio Uribe

Member

Mr. Ronald D. Gant

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 Infantryman Badge.

2.  The applicant states that he earned the Combat Infantryman Badge during the Battle of the Bulge in Ardennes and Rhineland.

3.  The applicant provides in support of his application, one page of an Application for Compensation or Pension based on Military or Naval Service; a copy of his Enlisted Record and Report of Separation (WD AGO Form 53-55); information that was obtained from a web cite pertaining to the 106th Infantry Division; information that was obtained from a web cite pertaining to Schnee Eifel (Snow Mountain); and information that was obtained from a web cite pertaining to the Battle of the Bulge order of battle.

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 military records are not available to the Board.  This case is being considered using records, which primarily consist of documents that were submitted by the applicant.

3.  On 16 December 1943, the applicant was inducted into the Army, in Huntington, West Virginia.  He successfully completed his training as a military policeman.   He was transferred to the European Theater of Operation on 21 October 1944.

4.  The applicant returned to the Continental United States on 11 July 1945.  On 9 May 1946, he was honorably discharged under the provisions of Army Regulation 615-365, for the Convenience of the Government.

5.  The WD AGO Form 53-55 that he was furnished at the time of his discharge shows, in effect, that while he was in the Army, he was assigned to the 377th Air Service Group; and that he was awarded the European-African-Middle Eastern Campaign Medal with two Bronze Service Stars, the American Campaign Medal, the Army Good Conduct Medal, the World War II Victory Medal, the Army Lapel Button, and the Expert Marksmanship Qualification Badge with Rifle Bar.

6.  The applicant's WD AGO Form 53-55 also shows that he participated in Ardennes and Rhineland and that he had 8 months and 21 days of Foreign Service.

7.  The web page article that the applicant submitted in behalf of his application pertains to the 106th Infantry Division and it describes:  when the division was activated; the number of campaigns in which the division participated; the types and number of awards and decorations that were issued; the names of commanding officers; the date the division returned to the United States; and the date that the division inactivated.  The web page article also provides the 106th Infantry Division's combat chronicle, assignments in the European Theater of Operation, and general information.

8.  The web page article that the applicant submitted pertaining to Schnee Eifel (Snow Mountain) provides information pertaining to the attack on the 106th Division; and the web page pertaining to the Battle of the Bulge order of battle provides the order of battle of German and Allied Forces during the Battle of the Bulge. 

9.  A review of the applicant's Final Payment Work Sheet, dated May 1946, shows that he was receiving combat infantry pay while he was in the Army.

10.  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)

11.  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.  

12.  No other Soldier in combat is more exposed on a daily basis to the dangers and hardships of war and no other branch of the service suffers more casualties than the infantry.  To maintain the prestige, uniqueness, and traditional value of the Combat Infantryman Badge, the criteria for award has changed little over the years.

13.  The opinion does note that the exigencies of combat may require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught but it is not a basis for the award of the Combat Infantryman Badge.

14.  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.


15.  Army Regulation 670-1 provides policy and guidelines for award of the overseas service bar.  For service during World War II, one Overseas Service Bar was authorized for each 6-month period of active Federal service as a member of a U.S. Service outside the Continental United States, from 7 December 1941 until 2 September 1946, both dates inclusive.  In computing overseas service, Alaska was considered outside the Continental United States.  An Overseas Service Bar was not authorized for a fraction of a 6-month period.

DISCUSSION AND CONCLUSIONS:

1.  A review of the available records shows that the applicant is entitled to be awarded the Combat Infantryman Badge.

2.  The available records indicate that he served in the Army during World War II. Even though his WD AGO Form 53-55 shows his military occupational specialty as military policeman, he was receiving combat infantry pay.  Therefore, in accordance with the applicable regulation, he is entitled to the Combat Infantryman Badge and the award should be included on his WD AGO 
Form 53-55.  

3.  Based upon award of the Combat Infantryman Badge during World War II, the FSM is entitled to award of the Bronze Star Medal, and correction of his military records to show the award of the Bronze Star Medal based upon award of the Combat Infantryman Badge.

4.  Additionally, the applicant is entitled to one Overseas Service Bar to reflect his Foreign Service in the European Theater of Operation from 21 October 1944 until he returned to the Continental United States on 11 July 1945.

5.  In view of the foregoing, it would now be in the interest of justice to correct the applicant records as recommended below.

BOARD VOTE:

__KLW__  __AU___  __RDG___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a)  awarding him the Combat Infantryman Badge, based on the combat infantry pay that he was receiving in May 1946, during World War II;

b)  awarding him the Bronze Star Medal, based on his entitled to the Combat Infantryman Badge; and 

c)  awarding him one Overseas Service Bar, based on his Foreign Service in the European Theater of Operation, and amending his WD AGO Form 53-55 to reflect these awards.

2.  The Board wants the applicant and all others to know that the sacrifices made by him in service to the United States during World War II are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.





____Kenneth L. Wright____
          CHAIRPERSON




INDEX

CASE ID
AR20070009253
SUFFIX

RECON

DATE BOARDED
20080205
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.  46
107.0000/AWARDS & DECORATIONS
2.  157
107.0111/COMBAT INFANTRYMAN BADGE
3.  125
107.0079/OVERSEAS SERVICE BAR
4.  60
107.0014/BRONZE STAR MEDAL
5.

6.