RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 April 2008
	DOCKET NUMBER:  AR20070017543 


	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.




Director



Analyst

      The following members, a quorum, were present:




Chairperson



Member



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 his records to show award of the Combat Infantryman Badge.

2.  The applicant states, in effect, that the above award is not listed on his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) with the period ending 22 November 1945, which he rightfully deserves based on his engagement in 1944.  The applicant states he served with the 3275th Quartermaster Service Company, attached to the 29th Infantry Division, during the Normandy Invasion that occurred on 6 June 1944 and he was engaged in ground combat.

3.  The applicant provides a Jubilee Medal Certificate (50th anniversary of the Normandy landing), dated 6 June 1994.

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 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, this case is being considered using reconstructed records, which primarily consist of his WD AGO Form 53-55.

3.  The applicant's WD AGO Form 53-55 shows he was inducted on 
25 December 1942 and entered active duty on 1 January 1943.  The applicant arrived in the European Theater of Operations on 9 November 1943.  He departed the European Theater of Operations on 4 November 1945.  He was honorably discharged on 22 November 1945.  Item 4 (Arm of Service) of his WD AGO Form 53-55 show the entry "QMC" (Quartermaster Corps).

4.  There are no orders in the applicant's available service personnel records awarding him the Combat Infantryman Badge.

5.  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, 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's WD AGO Form 53-55 shows his arm of service as Quartermaster Corps, and in his statement he acknowledged that he served with the 3275th Quartermaster Service Company, attached to the 29th Infantry Division, during the Normandy Invasion.  The applicant contends that because he was placed in combat situations he should receive the Combat Infantryman Badge.  Military history contains many examples of non-infantry Soldiers temporarily performing basic infantry duties that all Soldiers are taught as part of their basic combat training.  


2.  Unfortunately, the criteria for award of the Combat Infantryman Badge is to be assigned to an infantry unit of brigade, regimental, or smaller size, perform infantry duties, and hold an infantry specialty.  It is acknowledged that the applicant may have participated in enemy attacks; however, the evidence of record shows that while serving in the European Theater he was assigned and performed in a Quartermaster Service Company which regrettably makes him ineligible for award of the Combat Infantryman Badge.  The performance of infantry tasks is not solely the basis for the award of the Combat Infantryman Badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  ___XXX__  __XXX__  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.

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




      ___             XXX       __
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20070017543


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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508