IN THE CASE OF:	  

		BOARD DATE:	  27 January 2009

		DOCKET NUMBER:  AR20080017361 


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, in effect, award of the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that he served as a rifleman (infantryman) in a qualifying infantry unit during World War II and was wounded in action and received the Purple Heart (PH).  He believes this earned him the CIB and he would like it awarded and added to his record at this time.

3.  The applicant provides his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) 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 (NPRC) 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.  This case is being considered using primarily consist of the applicant's WD AGO Form 53-55.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army and entered active duty on 13 May 1943.  Item 30 (Military Occupational Specialty (MOS) and Number) shows the applicant held MOS 745 (Rifleman).  Item 6 (Organization) shows he served in Company L, 60th Infantry Regiment, and item 26 (Service Outside Continental United States and Return) shows he arrived in the European theater of operations (ETO) on 24 May 1944 and arrived back in the United States on 12 December 1944.

4.  Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55 shows he participated in the Northern France campaign of World War II, and item 33 (Decorations and Citations) shows he earned the following awards during his active duty tenure:  Purple Heart, European-African-Middle Eastern Campaign Medal with 1 bronze service star, and 1 Overseas Service Bar.  Item 34 (Wounds Received in Action) contains an entry indicating he was wounded in action in the ETO on 25 July 1944.

5.  The applicant's WD AGO Form 53-55 shows he was honorably separated by reason of "Certificate of Disability Discharge" on 19 June 1945.  It further shows he held the rank of private first class and had completed a total of 1 year, 6 months, and 14 days of active military service at the time.  

6.  War Department Circular 269-1943 established the CIB and Expert Infantryman Badge (EIB) to recognize and provide an incentive to infantrymen.  The EIB was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  The CIB was awarded for exemplary conduct in action against the enemy.

7.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Chapter 8 contains guidance on awarding the CIB.  It states, in pertinent part, that there are basically three requirements for the CIB.  The Soldier must hold an infantry MOS; must serve with an infantry unit of brigade, regimental, or smaller size; and must be personally present and participate with his unit while it is engaged in active ground combat with the enemy.

8.  The Military Awards Branch of the United States Army Human Resources Command has advised in similar cases that during World War II the CIB was normally awarded to enlisted individuals who served in the following positions:  Light machine gunner (604); Heavy machine gunner (605); Platoon sergeant (651); Squad leader (653); Rifleman (745); Automatic rifleman (746); Heavy weapons NCO (812); and Gun crewman (864).  

9.  Army Regulation 600-8-22, paragraph 3-13 provides guidance on award of the Bronze Star Medal (BSM).  Paragraph 3-13d(2) states, in effect, that the BSM is authorized to members of the Armed Forces of the United States who, after     6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945.  This paragraph also stipulates that for this purpose, an award of the CIB is considered as a citation in orders.

10.  Paragraph 5-12 of the awards regulation contains guidance on the World War II Victory Medal.  It states that it is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the CIB based on his combat served as an infantryman during World War II was carefully considered and found to have merit.  The evidence of record confirms the applicant held and served in an infantry MOS (745-Rifleman) while serving in a qualifying infantry unit (60th Infantry Regiment) in the ETO during World War II.  Further, his being wounded in action in the ETO on 25 July 1944 confirms his participation in active ground combat with his unit.  Therefore, the regulatory criteria necessary to support award of the CIB has been satisfied in this case, and it would be appropriate to award it to him and to add it to his separation document at this time. 

2.  By regulation, the BSM is authorized to members who received the CIB during World War II.  As a result, it would be appropriate to award the BSM to the applicant based on his exemplary conduct in ground combat against an armed enemy in the ETO between 24 May and 12 December 1944 and to add this award to separation document at this time.

3.  The evidence also shows that based on his World War II service he is authorized the World War II Victory Medal, which also should be added to his WD AGO Form 53-55 at this time.


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 awarding him the Combat Infantryman Badge and Bronze Star Medal, by showing his entitlement to the World War II Victory Medal, and by providing him a correction to his separation document that includes these awards.



      __________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)                                         AR20080017361



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ABCMR Record of Proceedings (cont)                                         AR20080017361



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