IN THE CASE OF:	  

		BOARD DATE:	        12 March 2009

		DOCKET NUMBER:  AR20090001585 


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 reconsideration of an earlier appeal for correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show the Combat Infantryman Badge instead of the Expert Infantryman Badge.

2.  The applicant states that he is submitting a War Department (WD) Form 372A (Final Payment - Work Sheet), dated 30 November 1945, that will show he was paid combat infantry pay.

3.  The applicant provides a WD Form 372A.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070010881 on 3 January 2008.

2.  The applicant's contention is a new argument and his evidence is new evidence which require consideration by the Board.

3.  The applicant's WD AGO Form 53-55 with the ending period of 30 November 1945 shows he was inducted on 23 July 1943 into the Army of the United States and entered active duty on 17 August 1943.  The applicant arrived in the 

European Theater of Operation (ETO) on 28 August 1944.  He served with Headquarters Company, 1st Battalion, 513th Parachute Infantry Regiment, 17th Airborne Division.  The applicant departed the ETO on 22 May 1945.  He was honorably discharged on 30 November 1945.

4.  Item 4 (Arm of Branch) of the applicant's WD AGO Form 53-55 shows the entry "INF [infantry]."  Item 31 (Military Qualification and Date) shows he was awarded the Expert Infantryman Badge and the Parachutist Badge.

5.  Item 32 (Battles and Campaigns) shows the applicant participated in the Ardennes, Rhineland, and Central Europe campaigns.  Item 33 (Decorations and Citations) shows the applicant was awarded the American Theater Service Medal, the European-African-Middle Eastern Theater Campaign Medal, the Army Good Conduct Medal, and the World War II Victory Medal.  It is noted that as a result of his previous request to this Board, he was awarded the Prisoner of War Medal and 3 bronze service stars were added to his European-African-Middle Eastern Theater Campaign Medal.

6.  The applicant provides a WD Form 372A, dated 30 November 1945, that shows he was paid the difference of $39.17 between expert infantry pay and combat infantry pay for the period 6 April through 30 November 1945.

7.  There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge.

8.  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, 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)
    h.  Gun crewman (864)

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant's service personnel records that show he was awarded the Combat Infantryman Badge.  However, evidence provided by the applicant shows that he was an infantryman and served in a infantry unit.  He provided a WD Form 372A that verifies he was authorized to receive combat infantry pay.  The stipend for expert infantry pay was $5.00 per month while the stipend for combat infantry pay was $10.00 per month.  Therefore, the applicant was paid the difference in pay entitlement for the period noted on the WD Form 372A.

2.  The WD Form 372A is accepted as sufficient evidence to show the applicant's eligibility for award of the Combat Infantryman Badge in lieu of the Expert Infantryman Badge.  Based on this determination, he is also authorized award of the Bronze Star Medal based on award of the Combat Infantryman Badge.

3.  Item 31 of the applicant's WD AGO Form 53-55, shows he was awarded the "EXPERT INFANTRYMAN BADGE," however, it appears that the award is in  error and should be deleted from his WD AGO Form 53-55.


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 amendment of the ABCMR’s decision in Docket Number AR20070010881, dated 3 January 2008.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 31 of the applicant's WD AGO Form 53-55 the Expert Infantryman Badge;

	b.  awarding the applicant the Combat Infantryman Badge and the Bronze Star Medal based on award of the Combat Infantryman Badge;

   c.  adding to item 31 of the applicant's WD AGO 53-55 the Combat Infantryman Badge; and
   
   d.  adding to item 33 of the applicant's WD AGO 53-55 the Bronze Star 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)                                         AR20090001585



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ABCMR Record of Proceedings (cont)                                         AR20090001585



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