IN THE CASE OF:	  

		BOARD DATE:	       12 November 2008

		DOCKET NUMBER:  AR20080014034 


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 that he was not awarded the Combat Infantryman Badge for 4 months of combat service as a heavy weapons crewman with the 132d Infantry Regiment.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Service), a copy of his Honorable Discharge Certificate, and a copy of his WD AGO Form 100 (Separation Qualification Record), all dated 14 November 1946, in support of his 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 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 he was inducted into the Army of the United States on and entered active duty in New York City, New York, on 17 November 1944.  He was trained in military occupational specialty (MOS) 359 (Construction Machine Operator).  This form also shows that at the time of his separation the applicant was assigned to the 836th Engineer Aviation Battalion.

4.  The applicant's WD AGO Form 53-55 shows he arrived in the Western-Pacific theater of operations on 1 June 1945 and departed on 10 September 1946.  He completed 7 months and 12 days of continental service and 1 year, 4 months, and 16 days of foreign service.  He was honorably separated on 14 November 1946.

5.  Item 31 (Military Qualifications and Date) of the applicant’s WD AGO Form 53-55 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar on 22 December 1944.

6.  Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55 shows he participated in the Southern Philippines campaign during World War II (WWII).

7.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows he was awarded the Good Conduct Medal, the World War II Victory Medal, the Army of Occupation Medal, the Philippines Liberation Ribbon, and the Asiatic-Pacific Campaign Medal.  Item 33 does not show award of the Combat Infantryman Badge.

8.  The applicant's reconstructed records do not contain orders awarding him the Combat Infantryman Badge.

9.  The applicant submitted a copy of his WD AGO Form 100 which shows that after completion of 4 months of basic infantry training, the applicant served as follows:

	a.  he served in combat for a period of 4 months as a heavy weapons crewman with the 132d Infantry Regiment and was awarded a bronze service star for participation in the Southern Philippines campaign;

	b.  he served in MOS 014 (Automotive Mechanic) for 6 months; and

	c.  he served in MOS 359 for 8 months.

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), and

	h.  Gun crewman (864).

11.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

12.  Army Regulation 600-8-22 (Military Awards) provides for award of the Bronze Star Medal to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.  It also provides for the wear of one bronze service star on the appropriate campaign or service medal for each credited campaign.

13.  Item 32 of the applicant's WD AGO Form 53-55 shows he was awarded the Asiatic-Pacific Theater Campaign Medal.  Additionally, appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Southern Philippines campaign during his service in WWII.  This same regulation states that a bronze service star will be awarded for wear on the Asiatic-Pacific Campaign Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was trained in and held a construction mechanic operator MOS.  However, at the time he arrived in the Pacific theater, he served in combat for a period of 4 months in an infantry MOS, a heavy weapons crewman, and was assigned to an infantry unit, the 132d Infantry Regiment.  Therefore, the applicant appears to have satisfied the requirements for award of the Combat Infantryman Badge and is entitled to correction of his records to show this award.

2.  The evidence of record further shows that the applicant completed 1 year, 4 months, and 16 days of foreign service; 4 months of which was combat service in an infantry MOS.  It appears that he completed this period of combat service immediately upon arrival in the Pacific theater of operations on 1 June 1945.  Therefore, based on his entitlement to award of the Combat Infantryman Badge, he is also entitled to award of the Bronze Star Medal and correction of his records to show this award.

3.  The evidence of record shows the applicant was awarded the Asiatic-Pacific Campaign Medal.  Additionally, records show the applicant participated in one campaign while serving in Pacific theater.  Therefore, he is entitled to award of one bronze service star to be affixed to the Asiatic-Pacific Campaign Medal.

BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

	a.  awarding the applicant the Combat Infantryman Badge and the Bronze Star Medal on 1 June 1945; and

	b.  showing award of the Combat Infantryman Badge, the Bronze Star Medal, and one bronze service star to be affixed to his already-awarded Asiatic-Pacific Campaign Medal.


															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)                                         AR20080014034



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ABCMR Record of Proceedings (cont)                                         AR20080014034



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