IN THE CASE OF:	

		BOARD DATE:	      11 JUNE 2009

		DOCKET NUMBER:  AR20090003461 


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 his award of the Combat Infantryman Badge was not included on his discharge documents.  He states his duties as a rifleman 745 were extremely horrific.

3.  The applicant provides, in support of his application, his certificate of training during the period from 7 May 1945 to 1 September 1945, his WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) with a date of separation of 6 November 1945; his WD AGO Form 100 (Separation Qualification Record) for the period from 7 November 1945 to 21 December 1946; and his WD AGO 53-55 with a date of separation of 21 December 1946.

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 were lost or destroyed in a fire at the National Personnel Records Center in 1973.  The only records available to the Board were financial and pay records and records provided by the applicant and are sufficient for the Board to conduct a fair and impartial review of this case.  The primary record available to this Board are the applicant’s WD AGO Forms 53-55.

3.  The applicant's military personnel records show he was inducted on 
23 February 1945 and entered active duty the same date.  He completed the prescribed course of training from 7 May 1945 to 1 September 1945 at the Infantry Replacement Training Center, Camp Robinson, AR and was specially qualified for Rifleman (745).

4.  On 6 November 1945, the applicant was discharged to immediately reenlist in the Regular Army.  His WD AGO 53-55 with a separation date of 6 November 1945 shows he was assigned the military occupational specialty (MOS) 745 (Rifleman).

5.  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.

6.  On 7 November 1945, the applicant reenlisted in the Regular Army.  He arrived in the Mediterranean Theater of Operations (MTO) on 19 January 1946.  He departed the MTO on 22 November 1946 and arrived in the continental U.S. on 3 December 1946.

7.  The applicant's WD AGO Form 100 for the period from  7 November 1945 to 21 December 1946 shows the applicant was assigned as a rifleman for 
3 months and as a lineman for 10 months of 1946 with the 349th Infantry in Italy.

8.  On 21 December 1946, the applicant was discharged.  His WD AGO 53-55 shows he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 349th Infantry.  His WD AGO 53-55 also shows his assigned MOS as 641 (Lineman).

9.  The applicant's War Department Form 372A 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.

10.  General Heinrich von Vietinghoff, who had taken command of Army Group C, signed the instrument of surrender on behalf of the German armies in Italy on 
29 April formally bringing hostilities to an end on 2 May 1945.  (http://en.wikipedia.org/wiki/Italian_Campaign_(World_War_II)

11.  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).

DISCUSSION AND CONCLUSIONS:

1.  The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy.  However, the hostilities in Italy ended 8 months before the applicant arrived in the MTO.  The applicant's final pay 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 was assigned infantryman duties and displayed exemplary conduct in action against the enemy, 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.  





      _______ _   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)                                         AR20090003461





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ABCMR Record of Proceedings (cont)                                         AR20090003461



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