IN THE CASE OF:	  

	BOARD DATE:	  20 November 2008

	DOCKET NUMBER:  AR20080013487 


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 Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) to show award of the 
Purple Heart and Combat Infantryman Badge.  He also requests that his military occupational specialty (MOS) be shown as rifleman.

2.  The applicant states that he was an infantry rifleman but was placed on limited duty as a general clerk after his release from the hospital in England.  He refers to an envelope post marked on 6 March 1945 and addressed to him at the hospital.  He also contends that he was to receive the Combat Infantryman Badge while in Germany, but has no written proof.  He states that his memory is fading and he wants his records corrected so that his family will have a correct record for their future needs.

3.  The applicant provides copies of his WD AGO Form 53-55; a letter, dated 
18 March 1946 informing him of his award of the Purple Heart; an envelope, post marked 6 March 1945; and a letter from the Department of Veterans Affairs, dated 28 December 2007.

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 WD AGO Form 53-55 shows:

	a.  that his organization was the 335th Infantry Regiment;

	b.  that his MOS was 055 (General Clerk);

      c.  that he enlisted in the Enlisted Reserve Corps on 20 November 1942, and entered active duty on 8 June 1943; 

	d.  that he was assigned to the European Theater of Operations (ETO) and arrived in the theater on 10 October 1944.  He departed the ETO on
5 February 1946 en route to the United States

	e.  that he participated in two campaigns;

      f.   that he received the Expert Infantryman Badge and the Expert Marksmanship Qualification Badge with Rifle Bar;

      g.  in Item 34 (Wounds Received In Action) “NONE.”
      
      h.  that his awards include the Good Conduct Medal, American Theater Service Medal, European-African-Middle Eastern Service Medal with two bronze service stars, and the World War II Victory Medal; and
      
      i.  that he was discharged as a private first class on 20 February 1946.



4.  A letter, provided by the applicant, written by The Adjutant General on 
18 March 1946, states the applicant had been wounded in action on 
12 January 1945 and he had been awarded the Purple Heart.  The letter also states that the Commanding General of the Philadelphia Quartermaster Depot had been directed to send the applicant an engraved Purple Heart decoration.

5.  The applicant’s Final Payment Worksheet (WD Form 372A) shows he received expert infantryman pay for the period from 1 December 1945 through 
20 February 1946.

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, (USAHRC) 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 letter written by The Adjutant General clearly shows the applicant was wounded in action and he had been awarded the Purple Heart.  Therefore, his WD AGO Form 53-55 should be corrected to show both his being wounding in action and the award of the Purple Heart.

2.  The Expert Infantryman Badge, during World War II, was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  During this same time, the Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy.   

3.  The applicant’s WD AGO Form 53-55 and his final pay document clearly shows that he had qualified for and was awarded the Expert Infantryman Badge and received expert infantry pay.  However, there is no available documentary evidence corroborating that his performance in combat was exemplary and that his commander had awarded him the Combat Infantryman Badge.  Furthermore, his final pay document shows that he received expert infantry pay for more than a year after his being wounded in action.  It is reasonable to presume that had the applicant been awarded the Combat Infantry Badge, he would have taken action to correct his pay.

4.  In view of the above, the applicant's request for award of the Combat Infantryman Badge should be denied.

5.  While the available evidence shows that the applicant was an infantryman, it does not provide sufficient evidence to determine which infantryman MOS he held.  Furthermore, the applicant clearly states that after his being wounded he was performing clerical duties in connection with limited duties.  Due to insufficient evidence, the applicant’s request to show his MOS as a rifleman should be denied.









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 showing on his WD AGO Form 53-55 that he was wounded in action on 
12 January 1945 and was awarded the Purple Heart.

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 and to showing that he held an infantry MOS at the time of his discharge.  




__________ _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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080013487



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