RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  11 December 2007
	DOCKET NUMBER:  AR20070010058 


	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 Wright

Analyst

The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. Michael J. Flynn

Member

Ms. Sherry Stone

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), dated 14 November 1945, to show that he was awarded the Combat Infantryman Badge, the Army of Occupation Medal, and the Combat Action Ribbon, for offensive and defensive operations against the enemy during the period 1944 to 1945.  

2.  The applicant states, in effect, that he received the Combat Infantryman Badge while engaged in combat operations during period 1944 to 1945. 

3.  The applicant provides a copy of a letter from the NPRC (National Personnel Records Center), dated 25 May 2007, and copies of his WD AGO Forms 53-55, dated 14 November 1945 and 6 December 1946, in support of his request.  

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 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 on 19 July 1944.  He served in the European Theater of Operations (ETO), Italy, from 28 March 1945 to 20 July 1945.   While in service, he served in military occupational specialty (MOS) 605, as a Machine Gunner.  He was honorably separated on 14 November 1945, in order to reenlist in the Regular Army.





3.  The applicant’s WD AGO Form 53-55, dated 14 November 1945 shows that he was credited with participation in one campaign of World War II.  He was awarded the Good Conduct Medal and the European-African-Middle Eastern Campaign Medal, with one bronze service star.  His WD AGO Form 53-55 does not show any additional awards. 

4. Item 4 (Arm or Service), of the applicant's WD AGO Form 53-55, dated 14 November 1945, shows that he was a Field Artillery (FA) soldier and in item 6 (Organization), shows FA Observation Tng (Training) Det (Detachment) Sch (School) Trps (Troops) FAS (FA School), as his last unit of assignment.

5.  Item 37 (Total Length of Service/Continental Service), of his WD AGO Form 53-55, dated 14 November 1945, shows that he completed 1 year and 3 days of continental service.

6.  There are no orders in the available records to show that he was awarded the Combat Infantryman Badge.

7.  The applicant reenlisted on 15 November 1945 and served in MOS, 055, as a Mail Clerk.  He was honorably separated on 6 December 1946.  

8. Item 4 (Arm or Service), of the applicant's WD AGO Form 53-55, dated 6 December 1946, shows that he was a C & E (Communications and Electronics) Soldier and in item 6, 712th Engr (Engineer) Depot Co (Company), as his last unit of assignment.  

9.  The available records show that he was assigned to Battery B, 617th Field Artillery Observation Battalion from 19 December 1944 to 30 October 1945.

10.  The applicant provided a copy of a letter from the NPRC, dated 25 May 2007, which verified his entitlement to the Good Conduct Medal, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal, with one bronze service star, the World War II Victory Medal, and the Honorable Service Lapel Button.

11.  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)

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

13.  AR 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service includes permanent assignment outside the continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the Continental United States for an aggregate period of one year.  

14.  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, 617th FA Observation Battalion, did not receive occupation credit for qualifying service in Italy during World War II.


15.  Department of Defense Instruction 1348.33 (Military Awards Program) shows the Secretary of the Navy authorized the Combat Action Ribbon on 17 February 1969.  It is awarded to members of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard operating under the control of the U.S. Navy, in the grade of O-6, and below, who have actively participated in ground or surface combat.  Department of Defense Instruction 1348.33 lists the actions for which the Combat Action Ribbon is authorized beginning with Southeast Asia (1 March 1961) and ending with Operation Desert Storm in 1991.  Personnel who earned the Combat Infantryman Badge, while members of the U.S. Army, and who enlist in the Navy, Marine Corps, or the Coast Guard, may be authorized to wear the Combat Action Ribbon instead.

16.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.

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 Machine Gunner, in MOS 605, during World War II.  While in the ETO, during the period from 28 March 1945 through 20 July 1945, the applicant was assigned to a FA unit.  His last unit of assignment was FA Observation Training Detachment, School Troops FAS.  There is no evidence, and the applicant has provided none, to show that he served with an infantry unit or to show that he served in actual ground combat or to show that he personally come under fire during his service in the ETO while assigned to an infantry unit.  Therefore, there is insufficient evidence to support an award of the Combat Infantryman Badge.  He is not entitled to correction of his records to show that he was awarded the Combat Infantryman Badge.

3.  The applicant served on active duty during the qualifying period for award of the World War II Victory Medal.  Therefore, he is entitled to correction of his records to show this award.

4.  The applicant served an aggregate period of over one year in the Continental United States during the qualifying period.  He is therefore entitled to award of the American Campaign Medal and to have it added to his WD AGO Form 53-55.

5.  The evidence failed to show that he served a period of qualifying service for award of the Army of Occupation Medal.  Therefore, there is insufficient evidence to correct his records to show that he was awarded the Army of Occupation Medal.

6.  The Combat Action Ribbon was not authorized for award until 17 January 1969.  As a member of the United States Army, the applicant was not eligible for award of the Combat Action Ribbon.  This ribbon is the equivalent of the Combat Infantryman Badge which is awarded to qualified members of the Navy, Marine Corps, and the Coast Guard.  Soldiers, who have earned the Combat Infantryman Badge while in the Army and enlist in the Navy, Marine Corps, or the Coast Guard, may be authorized to wear the Combat Action Ribbon instead.  Based on this evidence, the applicant was not then, and is not now, authorized award of the Combat Action Ribbon.

7.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___MJF _  ___WDP_  __SJS___  DENY APPLICATION







BOARD DETERMINATION/RECOMMENDATION:

1.  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 for award of the Combat Infantryman Badge, the Army of Occupation Medal, and the Combat Actions Ribbon to his WD AGO Form 53-55.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the World War II Victory Medal and the American Campaign Medal and adding these awards to his WD AGO Form 53-55.




_____William D. Powers_________
          CHAIRPERSON




INDEX

CASE ID
AR20070010058
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071211
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19451114
DISCHARGE AUTHORITY
AR .615-365
DISCHARGE REASON

BOARD DECISION
DENY//GRANT
REVIEW AUTHORITY

ISSUES         1.

2.
107
3.

4.

5.

6.