DOCKET NUMBER:  AR20090002047 


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 and the Bronze Star Medal based on award of the Combat Infantryman Badge.

2.  The applicant states, in effect, he served as an infantryman during World War II.

3.  The applicant provides, in support of his application, copies of a certificate from the 502nd Infantry Regiment, an unsigned Distinguished Member of the Regiment Nomination Form, his Honorable Discharge Certificate, and his 
WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), dated 25 December 1945.

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 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, the documents that the applicant provided were sufficient for the Board to conduct a fair and impartial review of this case.  

3.  On 5 May 1941, the applicant was inducted in the Army and entered into an active duty status on the same date.  His WD AGO Form 53-55 shows he served in military occupational specialty (MOS) 514 (Chief of Section Radar).

4.  On 2 February 1945, the applicant arrived in the European-African-Middle Eastern (EAME) Theater of Operations and he departed the EAME Theater of Operations on 12 December 1945.  According to his WD AGO Form 53-55, the applicant participated in the Central Europe Campaign.  It shows he was awarded the Army Good Conduct Medal, the American Defense Medal, the American Theater Ribbon, the EAME Campaign Medal, the Meritorious Unit Award, and the World War II Victory Medal.  He arrived back in the continental U.S. on 20 December 1945 after having served 10 months and 19 days overseas.  Item 34 (Wounds Received in Action) of his WD-AGO Form 53-55 contains the entry "NONE."

5.  On 25 December 1945, the applicant was discharged by reason of  demobilization.  He had completed 4 years, 7 months, and 11 days that were characterized as honorable.  His WD AGO Form 53-55 and his discharge certificate shows his command as the 343rd Air Service Squadron Army/Air Force.  His WD AGO Form 53-55 also shows his component as Infantry.

6.  The unsigned nomination form for Distinguished Member of the Regiment, submitted by the applicant, lists campaigns not listed on his WD AGO 53-55 and list awards and decorations that are not listed on his WD AGO Form 53-55, and it shows that he was a member of the 502d Infantry Regiment.  

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 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: 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).

8.  Army Regulation 600-8-22 (Military Awards) 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 II.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant was assigned MOS 514 (Chief of Section Radar) which was a non-infantry MOS.  Although the applicant provided a document showing he was assigned to the 502d Infantry Regiment, there is no evidence of record showing he was assigned infantryman duties while serving in an infantry unit of brigade, regimental or smaller size when that unit actively engaged a hostile force.  

2.  Therefore, in the absence of corroborating evidence which shows the applicant met the regulatory requirements for award of the Combat Infantryman Badge, no basis has been established to grant the applicant’s request.

3.  Regrettably, there is also insufficient evidence to award the applicant the Bronze Star Medal based on the award of the Combat Infantryman Badge.

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)                                         AR20090002047



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ABCMR Record of Proceedings (cont)                                         AR20090002047



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