IN THE CASE OF:	  

		BOARD DATE:	  12 August 2008

		DOCKET NUMBER:  AR20080008813 


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 (CIB).   

2.  The applicant states, in effect, that he is entitled to the CIB based on his having been in many battles with the 75th Infantry Division.  He states that although the records probably show he was in the Division Band and contains no information pertaining to the times he was a temporary replacement and found himself actively engaged in ground combat with the enemy.  

3.  The applicant provides no additional documentary evidence in support of his 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 records are 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 remaining in a reconstructed record 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 separation document (WD AGO Form 53-55), his final pay worksheet (WD Form 372A), and an Authorization for Issuance of Awards (DA Form 1577).   

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army and entered active duty on 25 March 1943.  Item 30 (Military Occupation Specialty and Number) shows the applicant held military occupational specialty (MOS) 440 (Military Bandsman).  The CIB is not listed in Item 31 (Military Qualifications).

4.  Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55 shows he participated in the Ardennes, Rhineland, and Central Europe campaigns of World War II.  Item 33 (Decorations and Citations) and a DA Form 1577 in the NPRC file, show he earned the following awards during his active duty tenure:  Army Good Conduct Medal (AGCM); Meritorious Unit Emblem; American Campaign Medal; European-African-Middle Eastern Campaign Medal with 3 bronze service stars; World War II Victory Medal; and Army of Occupation Medal with Germany Clasp. 

5. The WD Form 372A completed during the applicant's separation processing shows a blank entry in the combat infantry pay block.  

6.  On 19 December 1946, the applicant was honorably separated after completing a total of 2 years, 11 months, and 2 days of creditable active military service.  The WD AGO Form 53-55 shows he held the rank of private first class (PFC) on the date of his separation, and the applicant authenticated the separation document with his signature in Item 56 (Signature of Person Being Separated) on the date of his separation.  

7.  War Department Circular 269-1943 established the CIB and Expert Infantryman Badge (EIB) to recognize and provide an incentive to infantrymen.  The EIB was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  The CIB was awarded for exemplary conduct in action against the enemy.  


8.  War Department Circular 186-1944, further provided that the CIB was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.  Additionally, World War II holders of the CIB received a monthly pay supplement known as combat infantry pay and holders of the EIB were entitled to expert infantry pay.  Therefore, Soldiers had economic as well as intangible reasons to ensure that their records were correct.  

9.  The Military Awards Branch of the U.S. Army Human Resources Command, (USAHRC) has advised in similar cases that, during World War II, the CIB was normally awarded only to enlisted individuals who served in the following positions:  Light machine gunner (604); Heavy machine gunner (605); Platoon sergeant (651); Squad leader (653); Rifleman (745); Automatic rifleman (746); Heavy weapons NCO (812); and Gun crewman (864).  

10.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Chapter 8 contains guidance on awarding the CIB.  It states, in pertinent part, that there are basically three requirements for the CIB.  The Soldier must hold an infantry MOS, must serve with an infantry unit of brigade, regimental, or smaller size, and must be personally present and participate with his unit while it is engaged in active ground combat with the enemy.  Combat service, battle, or campaign participation alone does not support award of the CIB.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim that he is entitled to the CIB was carefully considered.  However, by regulation, in order to support award of the CIB, a member must not only have been serving in a qualifying infantry unit, but also must have held and been serving in an infantry MOS, combat service alone does not support award of the CIB.  In this case, while the evidence shows the applicant served in a qualifying infantry unit, it also confirms he held and served in MOS 440 as a bandsman.  

2.  Further, the CIB is not listed in Item 31 of the applicant's separation document, where it should have been had he received the award.  In addition, it is not included in the list of awards contained in Item 33, and the applicant authenticated this document with his signature in Item 56.  In effect, his signature was his verification that the information contained on the WD AGO Form 53-55, including the entries in Item 30 and Item 33, was correct at the time the separation document was prepared and issued.  In addition, the combat infantry pay block on the applicant's final pay worksheet is blank, which confirms he was not receiving combat infantry pay at the time of his separation.  

3.  Absent any evidence showing that the applicant held and served in an infantry MOS, or that he was awarded the CIB by proper authority while serving on active duty, the regulatory burden of proof necessary to support award of the CIB has not been satisfied in this case.  Therefore, it would not be appropriate or serve the interest of all those who served during World War II and who faced similar circumstances to grant the requested relief in this case.  

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.  

5.  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 the applicant's 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)                                         AR20080008813



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080008813



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1