IN THE CASE OF:	  

		BOARD DATE:	        29 January 2009

		DOCKET NUMBER:  AR20080016590 


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 WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Combat Infantryman Badge.

2.  The applicant states that he was issued and authorized the Combat Infantryman Badge but it was never listed on his records. 

3.  The applicant provides a copy of his WD AGO Form 53-55, dated 10 December 1945; a copy of his Honorable Discharge Certificate, dated 10 December 1945; two letters of support; and two photographs of troops in formation during a ceremony, in support of his request.

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 22 September 1943 and entered active duty in Buffalo, New York on 13 October 1943.  This form also shows that at the time of his separation the applicant held military occupational specialty (MOS) 776 (Radio Operator) and was assigned to Company D, 802nd Replacement Battalion.

4.  The applicant's WD AGO Form 53-55 shows he arrived in the European-African-Middle Eastern (EAME) Theater of Operations on 5 August 1944 and departed on 11 August 1945.  He completed 1 year, 1 month, and 20 days of continental service and 1 year and 15 days of foreign service.  He was honorably separated on 10 December 1945.

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 in May 1944.  Item 31 does not show award of the Combat Infantryman Badge

6.  Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55 shows he participated in the Ardennes, Central Europe, Northern France, and Rhineland campaigns during World War II.

7.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows he was awarded the American Service Medal, the Distinguished Unit Badge, the World War II Victory Medal, and the European-African-Middle Eastern 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 reconstructed records contain a WD Form 372A (Final Payment Worksheet) that shows he received combat infantry pay from 1 August 1945 to 10 December 1945.


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.  War Department Circular Number 408, Expert and Combat Infantryman Badges, Award, and Additional Pay, dated 17 October 1944 cited Public Law 393, 78th Congress, approved 30 June 1944 which provided that during the war and for 6 months thereafter any enlisted man of the combat ground forces of the Army who was entitled to wear the Expert Infantryman Badge or the Combat Infantryman Badge would be paid additional compensation at the rate of $5 per month when he was entitled to wear the Expert Infantryman Badge and at the rate of $10 per month when he was entitled to wear the CIB. 

12.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his WD AGO Form 53-55.

13.  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.

14.  Item 33 of the applicant's WD AGO Form 53-55 shows he was awarded the European-African-Middle Eastern Campaign Medal.  Additionally, appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Ardennes, Central Europe, Northern France, and Rhineland campaigns during WWII.  This same regulation states that a bronze service star will be awarded for wear on the European-African-Middle Eastern Campaign Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant held a radio operator MOS during his service in WWII.  Nevertheless, his reconstructed records show he received an additional compensation in the amount of $43.00 in combat infantry pay from 1 August 1945 to 10 December 1945; a clear indicator that he was awarded the Combat Infantryman Badge.  Therefore, he is entitled to correction of his WD Form 53-55 to show this award.

2.  The applicant is also entitled to award of the Bronze Star Medal based on award of this Combat Infantryman Badge and correction of his WD AGO Form 53-55 to show the Bronze Star Medal.

3.  The applicant's records show he was awarded the European-African-Middle Eastern Campaign Medal.  Furthermore, his records show he participated in four campaigns during his service in World War II and within the boundaries of the EAME Theater.  Therefore, he is entitled to awards of four bronze service stars to be affixed to his European-African-Middle Eastern 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.  deleting from his WD AGO Form 53-55 the European-African-Middle Eastern Campaign Medal;

	b.  awarding the Combat Infantryman Badge and the Bronze Star Medal; and

	c.  adding to his WD AGO Form 53-55 the Combat Infantryman Badge, the Bronze Star Medal, and the European-African-Middle Eastern Campaign Medal with four bronze service stars.


															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)                                         AR20080016590



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ABCMR Record of Proceedings (cont)                                         AR20080016590



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