IN THE CASE OF:	  

		BOARD DATE:	  10 February 2009

		DOCKET NUMBER:  AR20080012787 


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.

2.  The applicant states, in effect, that he was told by a noncommissioned officer that he would be given the Combat Infantryman Badge.  The applicant continues that he was never provided any of his medals and he finally decided to apply for them in the year 2008.  The applicant concludes that due to losing contact with all of the people involved during the 62 years that have passed since his service, the only proof he has of his entitlement is his word.

3.  The applicant provides two lists of awards and decorations shipped to him from the Clothing and Heraldry Product Support Directorate of the U.S. Army Tank-Automotive Command Integrated Logistics Support Center (TACOM ILSC) located in Philadelphia, Pennsylvania, as documentary evidence 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 WD AGO 53-55 (Enlisted Record and Report of Separation -Honorable Discharge) shows he was inducted into the Army of the United States on 20 November 1942 and entered active duty on 30 November 1942.  Upon completion of initial entry training, he was assigned to the Medical Department arm.  His military occupational specialty (MOS) at the time of separation was Military Policeman (677).  The form also shows that he served in the Asiatic-Pacific theater of operations for a period of 8 months and 22 days.  The applicant held the rank of private first class on the date of his separation and this was the highest rank he attained while serving on active duty.  At the time of his separation he was assigned to the 32nd Medical Battalion.  The applicant was demobilized on 28 February 1946 after completing a total of 3 years, 3 months, and 9 days of active military service.

3.  Item 31 (Military Qualification and Date) of the applicant's WD AGO 53-55 does not show award of the Combat Infantryman Badge.  Additionally, there is no indication of receipt of the Combat Infantryman Badge annotated elsewhere on this form.

4.  WD AGO Form 165-1 (Enlistment Record - Enlisted Reserve Corps) shows the applicant voluntarily enlisted in the Enlisted Reserve Corps on 28 February 1946 for a period of 3 years.  The applicant's WD AGO Form 24A (Service Record) for the period 28 February 1946 through 27 February 1949 shows he did not return to active duty service prior to being honorably discharged on 27 February 1949.  Additionally, there is no indication of receipt of the Combat Infantryman Badge annotated anywhere in this record.

5.  The applicant provides two lists of awards and decorations shipped to him from the Clothing and Heraldry Product Support Directorate of the U.S. Army TACOM ILSC.  These lists show the applicant was shipped the following awards and decorations:  Asiatic-Pacific Campaign Medal with one bronze service star, Army of Occupation Medal and Japan Clasp, Good Conduct Medal, American Campaign Medal, World War II Victory Medal, Philippine Liberation Ribbon with one bronze service star, Honorable Service Lapel Button World War II, and Expert Marksmanship Badge with Rifle Bar.

6.  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's contention that he should be awarded the Combat Infantryman Badge was carefully considered and found to be without merit.

2.  There is no evidence in the available record or provided by the applicant that shows he possessed a qualifying MOS or served in a qualifying position for receipt of the Combat Infantryman Badge.  There is no evidence in the available records and the applicant has not provided sufficient evidence which shows that he was entitled to award of the Combat Infantryman Badge.  Therefore, there is insufficient evidence to grant the applicant's request for award of the Combat Infantryman Badge in this case.
3.  In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement.  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.

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)                                         AR20080012787



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ABCMR Record of Proceedings (cont)                                         AR20080012787



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