IN THE CASE OF:	  

		BOARD DATE:	24 September 2008  

		DOCKET NUMBER:  AR20080006743 


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 its addition to his WD AGO Form 53-55 (Enlisted Record and Report of Separation).

2.  The applicant states, in effect, that he believes he earned this award.  He also states that he served as a rifleman during the invasion of Normandy during World War II and during other campaigns (Northern France, Rhineland, and Central Europe).

3.  In support of his application, the applicant provides copies of his WD AGO 
53-55 and Honorable Discharge Certificate.

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 destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record and documentation submitted by the applicant for the Board to conduct a fair and impartial review of this case.  

3.  The applicant’s available records show that he was inducted into the Army of the United States on 10 March 1943 and entered active duty on 18 March 1943.  He completed training in military occupational specialty 590, Cook’s Helper.  There is no evidence the applicant ever trained and was awarded the military occupational specialty 745, Rifleman, or any light or heavy weapons military occupational specialty. 

4.  The applicant served overseas in the European Theater of Operations (ETO) from 1 July 1943 until his return to the United States on 14 December 1945.  While in the ETO, he served in the Normandy, Northern France, Rhineland, and Central Europe campaigns.

5.  There are no orders in the applicant’s available service personnel records that show he was awarded the Combat Infantryman Badge.

6.  The applicant’s available record contains a final payment worksheet that shows he did not receive combat infantryman pay.

7.  The applicant was honorably discharged on 23 December 1945, in the pay grade of private first class.  Item 33 (Decorations and Citations), of his WD AGO Form
53-55, lists the following awards:  the European-African-Middle-Eastern Theater Campaign Ribbon, the Good Conduct Medal, and the [World War II] Victory Medal.  Item 55 (Remarks) list the following award:  the Honorable Service Lapel Button [World War II].  The Combat Infantryman Badge is not listed on his WD AGO Form 53-55.  

8.  In Item 54 (Right Thumb Print), the applicant affixed his right thumb print and in Item 56 (Signature of Person Being Separated) the applicant entered his signature indicating the information recorded on the form was correct and complete, according to the best of his knowledge.

9.  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, 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)

10.  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.  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.

DISCUSSION AND CONCLUSIONS:

1.  Pertinent regulations show that the Combat Infantryman Badge was awarded to enlisted individuals serving in infantry positions and who were awarded combat infantry pay.  Available service records give no indication that the applicant ever served in an infantry position and received combat infantry pay.  It is noted that just because a Soldier served in an infantry unit during World War II this was insufficient to entitle them to award of the Combat Infantryman Badge.  It is also noted that during World War II the Combat Infantryman Badge was authorized to those who were cited on orders for the award.

2.  The available evidence of record shows the applicant was awarded military occupational specialty 590 and he had a duty military occupational specialty of a cook’s helper.  The evidence failed to show he was awarded the military occupational specialty 745 or any light or heavy weapons military occupational specialty or served in that military occupational specialty during his period of service.  The applicant’s available records also do not show he received any awards for valor or achievement that would give an indication he was personally involved in ground combat against the enemy.

3.  All Soldiers were provided basic combat skills training after they entered the Army.  This was provided to ensure that all Soldiers had the survival skills to perform basic infantry missions when the need arose.  Therefore, the exigencies of combat required non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers were taught; however, it is not a basis for the award of the Combat Infantryman Badge.

4.  In view of the circumstances in this case, the applicant is not entitled to award of the Combat Infantryman Badge and to have this award added to his WD AGO Form 53-55.  The applicant has not shown error, injustice, or inequity for the relief he now requests.

5.  The applicant’s WD AGO Form 53-55 shows he authenticated the WD AGO Form 53-55 in his own hand and affixed his right thumb print in the appropriate space on the form on the date of his separation from the Army attesting that the information recorded on the form was, to the best of his knowledge, accurate and complete.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20080006743



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1


ABCMR Record of Proceedings (cont)                                         AR20080006743


2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1