IN THE CASE OF:	  

		BOARD DATE:	  18 June 2009

		DOCKET NUMBER:  AR20090005660 


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 the records of his deceased father, a former service member (FSM), be corrected to show award of the Combat Infantryman Badge.

2.  The applicant states that although his father was a member of Company D, 309th Infantry Regiment, 78th Infantry Division, he might have been temporarily assigned to 1st Army, 9th Army, or V Corps and any medals issued might be listed under those other groups or the hospital where his father was convalescing.

3.  The applicant provides a copy of a letter from the National Archives and Records Administration, dated 15 June 2007; an internet article, dated 23 December 2008, titled:  Index to the General Orders of the 9th Army in World War II (WWII); an internet article, dated 21 January 2009, titled:  WWII Honoree; a copy of a photograph of a Soldier in his service uniform; a copy of the FSM’s WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), dated 7 July 1945; a copy of the FSM’s Honorable Discharge Certificate, dated 7 July 1945; a copy of the FSM’s WD AGO 
Form 100 (Army Separation Qualification Record), dated 7 July 1945; an internet article, dated 7 April 2008, titled:  The First Battle for Kesternich; a self-authored letter, dated 20 January 2009; and a copy of the FSM’s certificate of death, dated 21 May 1974, in support of his request.


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 FSM’s military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the FSM’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 20 April 1943 and entered active duty in New York City, NY, on 27 April 1943.  This form and the FSM’s WD AGO Form 100 show that he was trained in and held military occupational specialty (MOS) 605 (Heavy Machine Gunner).  The WD AGO Form 53-55 also shows that at the time of his separation the FSM was assigned to Company D, 309th Infantry.

4.  The FSM's WD AGO Form 53-55 shows he departed the United States on 14 October 1944 and arrived in the European theater of operations (ETO) on 25 October 1944.

5.  The FSM's information from the Hospital Admission Cards created by the Office of the Surgeon General shows that the FSM suffered a cold-weather injury to his foot on or about 4 November 1944 and that after spending an unknown period in a convalescent facility, he departed the ETO on 21 February 1945 and arrived in back in the United States on 28 February 1945 where he was admitted at Camp Butner Convalescent Hospital, NC, as a patient.

6.  The FSM's WD AGO Form 53-55 also shows he completed 1 year, 10 months, and 3 days of continental service and 4 months and 15 days of foreign service.  He was issued a Certificate of Disability Discharge and was honorably discharged on 7 July 1945.
7.  Item 31 (Military Qualifications and Date) of the FSM’s WD AGO Form 53-55 shows the entry "None" [item 31 normally shows infantry, aviation, and marksmanship badges].

8.  Item 32 (Battles and Campaigns) of the FSM's WD AGO Form 53-55 shows the entry "None."

9.  Item 33 (Decorations and Citations) of the FSM's WD AGO Form 53-55 shows he was awarded the European-African-Middle Eastern Campaign Medal and the Army Good Conduct Medal.  Item 33 does not show award of the Combat Infantryman Badge.

10.  The FSM's reconstructed records do not contain orders awarding him the Combat Infantryman Badge.

11.  The FSM’s WD Form 371 (Final Payment Roll) does not indicate that he received a monthly pay supplement known as combat infantry pay and/or expert infantry pay.

12.  The applicant submitted a copy of the FSM’s WD AGO Form 100 which shows that he performed duties as a heavy machine gunner as member of a machine gun crew; he helped set-up, load, and fire the gun; he was familiar with the operation of the gun and made minor repairs to correct stoppages; and he used an automatic pistol and rifle.

13.  The applicant submitted various internet printouts, including a Wikipedia description of the first Battle for Kesternich which highlights the contributions of the 309th Infantry Regiment to that battle.

14.  The applicant also submitted a copy of an internet printout from the registry of WWII memorial listing the FSM as a veteran of Company D, 309th Infantry Regiment, 78th Infantry Division, and that he was awarded the Combat Infantryman Badge.  Attached to the printout is an enlarged photograph of the FSM that shows him wearing the Combat Infantryman Badge on his service uniform.

15.  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, WWII 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 has advised in similar cases that during WWII 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), and

	h.  gun crewman (864).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the records of his deceased father should be corrected to show award of the Combat Infantryman Badge and the evidence he provided was carefully considered; however, there is insufficient evidence to award the FSM the Combat Infantryman Badge in this case.

2.  The FSM’s infantry MOS and assignment to an infantry unit are not in question.  Additionally, his honorable service during WWII is also not in question. However, the FSM's reconstructed records show that shortly after his arrival in the ETO he suffered a cold-weather injury to his foot on or about 4 November 1944.  After spending an unknown period in a convalescent facility, he departed the ETO on 21 February 1945 and arrived in back in the United States on 28 February 1945 where he was admitted at Camp Butner Convalescent Hospital, NC, as a patient and was ultimately discharged on 7 July 1945.

3.  The FSM’s reconstructed records do not contain orders that show he was awarded the Combat Infantryman Badge.  Item 31 of his WD AGO Form 53-55 does not show this badge, item 32 does not show he participated in any campaigns during his service in WWII, and his final pay statement does not indicate that he received a monthly combat infantry pay supplement.  Regretfully, the FSM does not appear to have satisfied the requirements for 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 FSM 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)                                         AR20090005660



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ABCMR Record of Proceedings (cont)                                         AR20090005660



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