IN THE CASE OF:	  

		BOARD DATE:	        08 JANUARY 2009

		DOCKET NUMBER:  AR20080014576 


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 that he be awarded the Combat Infantryman Badge (CIB) and one additional bronze service star to denote his participation in the China Defensive.

2.  The applicant states that he met the criteria for award of the CIB; however, he was never awarded the CIB.  He also states that he should have been awarded an additional bronze service star for his participation in the China Defensive campaign.

3.  The applicant provides a copy of his report of separation (WD AGO Form    53-55) and a copy of his Separation Qualification Record (WD AGO Form 100).

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 was born on 24 November 1922 and was inducted on 16 June 1944 at the Presidio of Monterrey, California.  He completed his training as a rifleman and was transferred to the Asiatic-Pacific Theater of Operation (APTO) on 7 February 1945. 

4.  The available evidence shows that he participated in the China Offensive campaign, that he departed the APTO on 12 June 1946, and that he was transferred to Fort Sam Houston, Texas, where he was honorably discharged in the rank of TEC 5 on 1 July 1946.  His WD AGO Form 53-55 shows that he was awarded the Asiatic-Pacific Campaign Ribbon with one bronze service star, the Good Conduct Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the World War II Victory Medal.

5.  The applicant's WD AGO Form 100 indicates that he was assigned to Company I, 475th Infantry Regiment in China and India and that he served
8 months as a military policeman.

6.  A review of the applicant's final pay worksheet shows no indication that the applicant was being paid combat infantry pay.

7.  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.  

8.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Asiatic-Pacific Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The sincerity of the applicant's contentions that he should have been awarded the CIB and one additional bronze service star are not in doubt; however, the applicant has failed to show through the evidence submitted with his application and the available evidence of record that such is the case.

2.  There simply is no evidence to support his contentions, which is due to the noticeable absence of records; the amount of time that has passed (62+ years); and his final payment worksheet, which does not reflect that he was receiving combat infantry pay at any time.

3.  There is also no evidence to support his contention that he participated in the China Defensive campaign while assigned to the APTO.

4.  Therefore, in the absence of evidence to the contrary to show that he is entitled to award of the CIB and an additional bronze service star for participation in the China Defensive campaign, there to be no basis to warrant his requested relief at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during World War II.  The applicant and all Americans should be justifiably proud of his service in arms.



      ________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)                                         AR20080014576



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ABCMR Record of Proceedings (cont)                                         AR20080014576



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