IN THE CASE OF:	  

		BOARD DATE:	  27 May 2009

		DOCKET NUMBER:  AR20090001760 


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 award of the Combat Infantryman Badge.

2.  The applicant states he served as a combat infantryman, but Army records have him listed as a truck driver.  He states he did not receive the Combat Infantryman Badge due to this error.

3.  The applicant provides no additional evidence or official documentation 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.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that some the applicant’s records may have been lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant's available records show he was inducted and entered into active service on 26 March 1944.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) of 345 (Truck Driver Light) on an unknown date and held this MOS on his date of separation.

4.  The applicant served with Company L, 358th Infantry in the European Theater of Operations (ETO) from 8 December 1944 to 1 March 1946.

5.  On 15 March 1946, the applicant was discharged due to demobilization.  He had completed 1 year, 11 months, and 20 days of active service that was characterized as honorable.  Item 31 (Military Qualification and Date) of his 
WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) does not contain an entry for the Combat Infantryman Badge.

6.  The applicant's War Department Form 372A (Final Payment - Work Sheet) completed on his date of discharge indicates he was not receiving a monthly pay supplement known as combat infantry pay at the time of his discharge.

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.  The Military Awards Branch of the U.S. Army Human Resources Command, (USAHRC) 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)

DISCUSSION AND CONCLUSIONS:

1.  The applicant was assigned the MOS of 345 (a non-infantry MOS) on an unknown date.  His last unit of assignment was with Company L, 358th Infantry in the ETO.  However, there is no evidence the applicant was assigned duties as an infantryman.  His final payment record does not show he was receiving combat infantry pay, which would have indicated an entitlement to the Combat Infantryman Badge.

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.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.

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)                                         AR20090001760





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ABCMR Record of Proceedings (cont)                                         AR20090001760



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