IN THE CASE OF:	  

		BOARD DATE:	        19 August 2008

		DOCKET NUMBER:  AR20080009976 


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 award of the Combat Infantryman Badge (CIB) and any other awards and decorations to which he is entitled.

2.  The applicant states, in effect, that his unit replaced infantry troops and that he landed by boat in France. 

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) and a copy of his 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 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.  

3.  The applicant's record does contain a properly constituted WD AGO Form 
53-55.  This form shows he was inducted into the Army of the United States on
27 September 1944 and discharged on 27 June 1946.  He was awarded military occupational specialty (MOS) code 345 (Truck Driver Light).

4.  This form also shows that he was assigned to the European Theater of Operations during World War II from 28 April – 5 September 1945.  He served with Service Company, 134th Infantry Regiment.  Item 32 (Battle and Campaigns) shows he participated in the Central Europe campaign.

5.  Item 33 (Decorations and Citations) of the applicant's WD AGO 53-55 shows award of the European-African-Middle Eastern Campaign Medal with 1 bronze service star, the American Theater Campaign Ribbon, and the World War II Victory Medal. 

6.  There are no orders showing award of the CIB.  The applicant's War Department Form 372A (Final Payment – Work Sheet), dated 10 September 1945, was available for review.  This document shows the applicant was not receiving combat infantryman pay.

7.  War Department Circular 269-1943 established the CIB and the Expert Infantryman Badge (EIB) to recognize and provide an incentive to infantrymen.    The CIB was awarded for exemplary conduct in action against the enemy.  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.  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:

      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)

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists unit citations, foreign awards and occupation credit that units received during World War II.  It shows the 134th Infantry Regiment was awarded the French Croix de Guerre based on Department of the Army General Orders Number 43-50.

9.  Army Regulation 600-8-22 (Military Awards) provides for award of the French Fourragere as an approved foreign unit award.  The French Fourragere may be awarded by the French Government when a unit has been cited twice for award of the French Croix de Guerre.  When a unit is cited twice for the Croix de Guerre, then the colors of the fourragere are red and green.  When a unit is cited four times, the colors of the fourragere are yellow and green.  Award of the fourragere is not automatic and requires a decree by the French Government, and persons who were only in one action are not authorized to wear the fourragere.  When a unit was cited only one time for award of the French Croix de Guerre there was no individual device, medal or ribbon authorized for wear by members of the unit.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility.  For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the CIB was carefully considered.  However, regulations provided that the CIB was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.  Although the applicant was assigned to the Service Company of an infantry regiment, his record shows he was performing duties as a light truck driver and there is no evidence that he was performing any infantryman duties.  In addition, 





the applicant was not receiving combat infantryman pay.  Therefore, there is an insufficient evidentiary basis to support award of the CIB in this case.  The applicant and all others concerned should 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. 

2.  General Orders show that while assigned to the 134th Infantry Regiment the unit was awarded the French Croix de Guerre.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

3.  Department of the Army Pamphlet 672-1 lists the applicant's unit as receiving occupation credit for Germany.  Therefore, he is entitled to award of the Army of Occupation Medal with Germany Clasp.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__xxx___  __xxx___  __xxx___  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.  showing award of the Army of Occupation Medal with Germany Clasp in Item 33 of the applicant's WD AGO 53-55; and

	b.  showing the following in Item 55 (Remarks) of the applicant's WD AGO
53-55:

“FRENCH CROIX DE GUERRE--UNIT CITATION – NO EMBLEM AUTHORIZED”




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 CIB.


															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)                                         AR20080009976



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ABCMR Record of Proceedings (cont)                                         AR20080009976



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