IN THE CASE OF:	  

		BOARD DATE:	        9 October 2008

		DOCKET NUMBER:  AR20080004251 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Combat Infantryman Badge and award of the Bronze Star Medal, based on award of the Combat Infantryman Badge.

2.  The applicant states, in effect, that he participated in the first wave of attacks during the assault landing on Omaha Beach on D-Day (6 June 1944).  The applicant further states that approval of this request will be of assistance in filing a claim with the Untied States Department of Veterans Affairs.

3.  The applicant provides a copy of his WD AGO 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) as additional documentary evidence in support of this 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 military record is 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 applicant's records were lost or destroyed in that fire.  However, there were sufficient documents on file 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 applicant's WD AGO Form 53-55 provided by the applicant.

3.  The applicant's WD AGO 53-55 shows he was inducted in the Army of the United States and entered active duty on 27 February 1941.  Upon completion of initial entry training, he was assigned to the Field Artillery arm.  His military occupational specialty (MOS) at the time of separation was Heavy Truck Driver (931).  The form also shows that he served in the European Theater of Operations (PTO) for a period of 1 year, 3 months, and 28 days.  The applicant held the rank of technician fifth grade on the date of his separation and that this was the highest rank he attained while serving on active duty.  He was assigned to the Headquarters Battery of the 83rd Armored Field Artillery Regiment.  The applicant was honorably discharged on 14 June 1945, after completing a total of 4 years, 3 months, and 20 days of active military service.

4.  Item 31 (Military Qualification and Date) of the applicant's WD AGO 
53-55 does not show award of the Combat Infantryman Badge.  Additionally, there is no indication of receipt of the Combat Infantryman Badge annotated elsewhere on this form.

5.  Item 33 (Decorations and Citations) of the applicant's WD AGO 53-55 shows that during his active duty tenure, he received the Army Good Conduct Medal, American Defense Service Medal, and the European-African-Middle Eastern Service Medal.  Additionally, there is no indication of receipt of the Bronze Star Medal annotated elsewhere on this form.

6.  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.

7.  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's contentions that his record should be corrected to show award of the Combat Infantryman Badge and award of the Bronze Star Medal based on award of the Combat Infantryman Badge were carefully considered and found to be without merit.






2.  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.  There is no evidence in the available records and the applicant has not provided sufficient evidence which shows that he fulfilled this requirement.  Therefore, there is insufficient evidence to grant the applicant's request for award of the Bronze Star Medal in this case.

3.  There is no evidence in the available record or provided by the applicant that shows he possessed a qualifying MOS or served in a qualifying position for receipt of the Combat Infantryman Badge.  Further, there is no evidence that the applicant conducted himself in an exemplary manner in action against the enemy.  There is no evidence in the available records and the applicant has not provided sufficient evidence which shows that he was entitled to award of the Combat Infantryman Badge.  Therefore, there is insufficient evidence to grant the applicant's request for award of the Combat Infantryman Badge in this case.

4.  The ABCMR does not amend and/or correct military records solely for the purpose of making the applicant eligible for employment or employment benefits.
Additionally, in order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement.  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.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X___  ___X____  __X_____  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.




      _______ _  X______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20080004251



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ABCMR Record of Proceedings (cont)                                         AR20080004251



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