IN THE CASE OF:	

		BOARD DATE:	  23 April 2009

		DOCKET NUMBER:  AR20090001222 


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 all medals and awards to which he is entitled including the CIB (Combat Infantryman Badge) and the ADSM (determined to be the American Defense Service Medal.)

2.  The applicant states his unit, the 535th Anti-Aircraft Artillery (AAA) landed at Normandy without weapons but were told that when they encountered the dead to stand the rifles in the sand with the bayonets.  He states that since they were without weapons they felt they needed to take the rifles to help defend the troops.  He states they reverted to their original MOS (military occupational specialty) of infantrymen.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) with a date of separation of 
20 November 1945 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 service personnel records were lost or destroyed in a fire at the National Personnel Records Center in 1973.  The only record available to the Army Board For Correction of Military Records is the applicant’s WD AGO 
Form 53-55.  

3.  The applicant's WD AGO Form 53-55 show he was inducted and entered into active service on 8 January 1943.  He departed the continental U.S. on 
11 February 1944 and entered the European-African-Middle Eastern Theater 
on 22 February 1944.  He departed the European-African-Middle Eastern Theater on 10 November 1945 and arrived in the continental U.S. on 
19 November 1945.  

4.  The units to which the applicant was assigned and the dates of his assignment during his military service were not available.

5.  On 26 November 1945, the applicant was discharged due to demobilization.  He had completed 2 years, 10 months, and 19 days of active service that was characterized as honorable.

6.  The applicant's WD AGO Form 53-55 shows his MOS as Anti-aircraft Weapons Crewman (601).

7.  The applicant's WD AGO Form 53-55 shows he participated in the Normandy,  Northern France, Rhineland, Ardennes, and the Central Europe Campaigns.  His WD AGO Forms 53-55 shows he was awarded or authorized the Army Good Conduct Medal, the European-African-Middle Eastern Campaign Medal with Bronze Arrowhead, the American Campaign Medal, and the World War II Victory Medal.

8.  The applicant's WD AGO Form 53-55 does not show he was awarded or authorized the Combat Infantryman Badge or the American Defense Service Medal.

9.  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 Awards Branch, Total Army Personnel 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)
    h.  Gun crewman (864)

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the American Defense Service Medal for service within the American Theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant was assigned the MOS as a anti-aircraft weapons crewman (a non-infantry MOS).  There is no evidence showing the applicant was assigned to an infantry unit of brigade, regimental or smaller size.  

2.  Therefore, in the absence of documentation which shows the applicant met the regulatory requirements for the Combat Infantryman Badge, there is insufficient evidence upon which to base an award of the Combat Infantryman Badge in this case.

3.  The American Defense Service Medal was only authorized for service between 8 September 1939 and 7 December 1941.  The applicant was not inducted until 8 January 1943.  Therefore, the applicant is not authorized the award of the American Defense Service Medal.
4.  The applicant's military personnel records were destroyed in 1973 and the units to which the applicant was assigned and the dates of his assignment during his military service were not available.  Therefore, there is insufficient evidence to determine whether the applicant may have been awarded any other decorations or authorized any unit awards.

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 our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  




      _______ _  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)                                         AR20090001222





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090001222



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1