IN THE CASE OF:	

		BOARD DATE:	1 December 2009  

		DOCKET NUMBER:  AR20090011643 


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 that his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) be corrected to reflect his awards of the Combat Infantryman Badge (CIB), the Bronze Star Medal (BSM), and the National Defense Service Medal (NDSM). 

2.  The applicant states, in effect, that he is providing sufficient evidence to show that he was awarded the CIB, the BSM, and the NDSM and he desires those awards to be added to his records.

3.  The applicant provides a one-page letter explaining his application, a copy of his Honorable Discharge Certificate, a copy of his WD AGO Form 53-55, a copy of his WD AGO Form 100 (Separation Qualification Record), a copy of two morning reports, a copy of his BSM Certificate, and a copy of a letter from the National Personnel Records Center indicating that he was authorized awards of the CIB and the NDSM.

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 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 applicant’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 applicant was inducted in San Francisco, California on 2 September 1944.  He completed his training as an infantryman and departed for the European-African-Middle Eastern Theater (EAMET) of Operations on 24 January 1945.  He participated in the Rhineland and Central Europe Campaigns and was promoted to the rank of master sergeant on 27 June 1946.

4.  He departed the EAMET on 13 July 1946 and was transferred to Camp Beale, California where he was honorably discharged on 3 August 1946.  He had served 1 year, 11 months, and 2 days of total active service and his WD AGO Form     53-55 issued at the time of his discharge shows that he was awarded the World War II (WWII) Victory Medal, the Army of Occupation Medal, and the EAMET Campaign Medal.

5.  The applicant's final pay worksheet (War Department Form 372 A) shows that the applicant was paid combat infantry pay up to the date of his discharge.

6.  The applicant subsequently enlisted in the Enlisted Reserve Corps (ERC) (now known as the United States Army Reserve).  On 9 October 1950, he was ordered to active duty as a supply sergeant and was transferred to Camp Roberts, California for assignment to the 7th Armored Division, which had been activated and was training for transfer to Korea.

7.  On 6 September 1951, he was honorably released from active duty (REFRAD) and was transferred back to the ERC.  His DD Form 214 (Report of Separation from the Armed Forces of the United States) reflects in block 27 that he received no decorations or awards during the period covered by the DD Form 214.

8.  A review of the BSM Certificate provided by the applicant indicates that the BSM was awarded on 25 July 1951 for meritorious achievement on or about       5 February 1945, while serving as a private.
9.  Army Regulation 600-8-22 (Military Awards) provides that the National Defense Service Medal was established by Executive Order 10448 on 22 April 1953 and is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.  

10.  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)

11.  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.  Therefore, 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 fact that the applicant was receiving combat infantry pay during WWII is sufficient evidence to show that he had been awarded the CIB.  Accordingly, it should be added to his WD AGO Form 53-55 at this time.

2.  Additionally, the fact that the BSM was subsequently awarded to the applicant approximately 6 years after his discharge is indicative that he was awarded the BSM based on his award of the CIB.  Accordingly, his award of the BSM should be added to his WD AGO Form 53-55 at this time as well.

3.  The applicant's contention that the award of the NDSM should be added to his WD AGO Form 53-55 has been noted.  While the applicant is authorized the award of the NDSM, that award was not authorized until 1953 and was made retroactive for active service beginning on 27 June 1950, which was well after his 3 August 1946 discharge covered by his WD AGO Form 53-55.

4.  However, his award of the NDSM should be added to his DD Form 214 dated 6 September 1951.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his WD AGO Form 53-55 the awards of the CIB and the BSM and by adding to his DD Form 214 the award of the NDSM. 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the award of the NDSM to his WD AGO Form 53-55.  

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during WWII and the Korean War are deeply appreciated.  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)                                         AR20090011643





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ABCMR Record of Proceedings (cont)                                         AR20090011643



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