IN THE CASE OF:	 

		BOARD DATE:	  13 November 2008

		DOCKET NUMBER:  AR20080009300 


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 correction of his records to show award of the Combat Infantryman Badge and the Philippine Liberation "Medal." 

2.  The applicant states, in effect, that he served on patrol in a combat area in the Philippines.  He further states that he performed duties as communications man for one month, while sending and receiving messages from headquarters.

3.  The applicant provides an undated letter from a former fellow Soldier and his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), with the period ending 30 November 1945.

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 and a letter from a former fellow Soldier.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active duty on 20 September 1944.  The applicant arrived in the Asiatic-Pacific Theater of Operations on 7 May 1945.  He departed the Asiatic-Pacific Theater of Operations on 20 August 1945.  He was assigned to Headquarters Company, 158th Infantry Regiment in the Asiatic-Pacific Theater of Operations.

4.  The applicant's available pay records do not show that he was due combat infantry pay.

5.  The applicant was honorably discharged on 30 November 1945.  Item 4 (Arm of Service) of his WD AGO Form 53-55 show the entry "INF" (Infantry).  Item 32 (Battles and Campaigns) shows the entry "Not available."  Item 33 (Decorations and Citations) shows he was awarded the Asiatic-Pacific Campaign Medal and the World War II Victory Medal.  

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

7.  The applicant provided a letter from a former member of the 158th Infantry Regiment.  The author stated that he was a senior officer of M Company, 158th Infantry, and his unit was assigned to patrolling an area of about 100 miles.  He assigned an officer, a platoon of Soldiers, and two jeeps to each town in his area. The author stated that the applicant was among the personnel in his company.  The author further stated that the applicant performed duties as the communications man for a month, sending and receiving messages from the Regimental Headquarters.

8.  War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  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, 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)

9.  Paragraph 9-15 of Army Regulation 600-8-22 (Military Awards) provides that the Philippine Liberation Ribbon is awarded for service in the liberation of the Philippines from 17 October 1944 to 3 September 1945, under any of several conditions to include serving in the Philippine Islands or on ships in Philippine waters for not less than 30 days during the period.  

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards, campaign, and assault   credits received by units serving during World War II.  This document shows that the unit to which the applicant was assigned, the 158th Infantry Regiment, received campaign credit for participation in the Luzon Campaign.

11.  Army Regulation 600-8-22, in pertinent part, authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form 
53-55.  

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded an infantry specialty and served with 158th infantry Regiment.  It is noted that the letter of 


support provided by applicant's former fellow Soldier indicated the applicant served as his communications man for M Company, 158th Infantry Regiment. However, there is no evidence of record which shows the applicant performed exemplary conduct in action against the enemy or even that the applicant engaged with the enemy on his patrols.  There is also no evidence which shows he received combat infantry pay during World War II.  Regrettably, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

2.  The applicant met the eligibility criteria for award of the Philippine Liberation Ribbon.  This award should be added to his WD AGO Form 53-55.

3.  Evidence of record shows that the applicant was assigned to a unit that received campaign credit for the Luzon Campaign.  He is therefore eligible for one bronze service star to be worn on his Asiatic-Pacific Campaign Medal.  His WD AGO Form 53-55 should be amended to reflect these facts.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

		a.  by deleting the entry "Not available" in tem 32 of the applicant's WD AGO Form 53-55, with the period ending 30 November 1945; 
		
		b.  by amending his WD AGO Form 53-55 in item 32 to add the Luzon Campaign; and 

		c.  by amending his WD AGO Form 53-55 in item 33 to add the Philippine Liberation Ribbon and one bronze service star to be worn on his already-awarded Asiatic-Pacific Campaign Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Combat Infantryman Badge.




      _______XXX _   _______   ___
               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)                                         AR20080009300



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ABCMR Record of Proceedings (cont)                                         AR20080009300



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