IN THE CASE OF:	  

		BOARD DATE:	  	  30 October 2008

		DOCKET NUMBER:  AR20080012577


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, that his records be corrected to show that he was awarded the Combat Infantry Medical Badge (correctly known as the Combat Medical Badge) and the Combat Infantry Rifle Badge (correctly known as the Combat Infantryman Badge (CIB)).

2.  The applicant states, in effect, that he was assigned to Company B, 417th Regiment, 76th Infantry Division, as a combat medic while in the European theater of operations.  He continues to state, in effect, that during the midst of the Battle of the Bulge, he was assigned as a combat rifleman and awarded the CIB.

3.  The applicant provides a copy of his WD AGO 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) 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 records are not available to the ABCMR 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.  This review is based primarily on the applicant’s WD AGO Form 53-55.

3.  The applicant’s WD AGO Form 53-55 shows that he was inducted into the Army of the United States on 25 August 1944 and entered active duty on the same date.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty 502 (Administrative NCO).

4.  The applicant's WD AGO 53-55 also shows in Item 36 (Service Outside Continental U.S. and Return), that he served in the European theater of operations (ETO) from 18 February 1945 through 16 June 1946.

5.  Item 31 (Military Qualifications and Date) of the applicant's WD AGO 53-55 shows that he was awarded the Combat Medical Badge.  Therefore, it will not be discussed any further in these proceedings.

6.  Item 32 (Battles and Campaigns) of the applicant's WD AGO 53-55 shows that he participated in the Rhineland and Central Europe campaigns.

7.  The applicant’s WD AGO 53-55 shows that on 3 July 1946 he was honorably discharged after completing a total of 1 year, 10 months, and 9 days of active military service.  He was awarded the Army Occupation Medal, the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal, and the World War II Victory Medal.

8.  Item 33 (Decorations and Citations) of the applicant’s WD AGO 53-55 does not show award of the Combat Infantryman Badge.

9.  The applicant's War Department Form 372A (Final Payment – Worksheet) does not show that he received combat infantry pay while he was on active duty.

10.  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)

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Combat Infantryman Badge.

2.  There are no general orders that show that the applicant was awarded the Combat Infantryman Badge.  There is no evidence in the applicant’s available records that shows that he received combat infantry pay.  In the absence of such evidence, there is an insufficient basis to grant to this award.


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)                                         AR20080012577



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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