IN THE CASE OF:	

		BOARD DATE:	15 December 2009

		DOCKET NUMBER:  AR20090011901 


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, in effect, correction of his WD AGO 53-55 (Enlisted Record and Report of Separation) to reflect the proper unit in item 6 (Organization) and the Combat Infantryman Badge (CIB) in item 31 (Military Qualifications).

2.  The applicant states, in effect, that he would like his WD AGO 53-55 corrected to reflect his unit as Company I, 2nd Battalion, 3rd Infantry Division in item 6 and by adding the CIB to item 31.

3.  The applicant provides a copy of his WD AGO 53-55 and a CIB association letter, dated 15 December 2008, 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.  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 (NPRC) 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.  This case is being considered using reconstructed records, which primarily consist of the applicant’s WD AGO 53-55, Honorable Discharge Certificate, and Headquarters, 3rd Infantry Division, General Orders Number 113, dated 10 June 1944.

3.  The applicant’s WD AGO Form 53-55 confirms he was inducted into the Army of the United States on 3 April 1943, and that he entered active duty on 
10 April 1943.  It further shows that he served in the Mediterranean Theater of Operations (MTO) and European Theater of Operations (ETO) from 
25 September 1943 through 3 October 1945.  Item 4 (Arm of Service) contains an entry that indicates he was a member in the Infantry branch of service.  Item 6 (Organization) shows that as of the date of his separation, he was assigned to the Medical Detachment, 275th Infantry and item 30 shows his military occupational specialty (MOS) as 406 (Clerk Typist).

4.  Item 31 (Military Qualifications) of the applicant's WD AGO Form 53-55 contains the entry Marksmanship Qualification Badge with Rifle Bar.  Item 32 (Battles and Campaigns) shows he participated in the Central Europe, 
Naples-Foggia, Rhineland, Rome-Arno, and Southern France campaigns of World War II.  Item 33 (Decorations and Citations) shows that during his active duty tenure, he earned the European African-Middle Eastern (EAME) Campaign Medal with bronze arrowhead and the Purple Heart (PH).

5.  The applicant's WD AGO Form 53-55 confirms he was honorably separated on 14 October 1945, after completing a total of 2 years, 6 months, and 5 days of active military service.

6.  The applicant's NPRC file contains a copy of Headquarters, 3rd Infantry Division, General Orders Number 113, dated 10 June 1944, which awarded the applicant the PH for being wounded in action in Cisterna, Italy, on 5 March 1944. These orders show the applicant was a member of the medical department on the date he was wounded.

7.  The applicant's NPRC file also contains a copy of his Honorable Discharge Certificate, which shows that at the time of his separation from active duty, he was assigned to the Medical Detachment, 275th Infantry.  It also contains a 
DA Form 1577 (Authorization for Issuance of Awards) that indicates that Army 
authorized the issue of the following awards to the applicant on 30 November 1989:  Bronze Star Medal (BSM), PH, Army Good Conduct Medal (AGCM), EAME Campaign Medal, Army of Occupational Medal (AOM) with Germany Clasp, Combat Medical Badge (CMB), and the Honorable Service Lapel Button WWII.

8.  The applicant's NPRC file is void of any orders or other documents that indicate he was ever recommended for or awarded the CIB or CMB by proper authority while serving on active duty.  It is also void of any documents showing he was assigned Company I, 2nd Battalion, 3rd Infantry Division, as an infantryman or combat medical corpsman (MEDIC) while serving in the ETO.

9.  War Department Circular 186-1944 provided that the CIB was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.  Additionally, World War II holders of the CIB received a monthly pay supplement known as combat 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.

10.  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: 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 applicant’s contention that he was awarded the CIB was carefully considered.  However, there is insufficient evidence to support this claim.

2.  By regulation, in order to support award of the CIB, there must be evidence confirming that the member held and served in an infantry MOS, that he served in a qualifying infantry unit of brigade, regimental or smaller size, and that he was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces.

3.  The evidence of record confirms the applicant served in an infantry unit (Medical Detachment 275th Infantry) and that he was wounded in action and awarded the PH.  However, there is no evidence available in the NPRC file or provided by the applicant that confirms he ever served as an infantryman or 
combat MEDIC.  Instead, the only available evidence shows he served with the 275th Medical Detachment, 275th Infantry Regiment, in MOS 405 as a clerk typist, as evidenced by the entry in item 6 of his WD AGO Form 53-55, and the PH orders on file in his NPRC file.   Further, item 31 of his WD AGO Form 53-55 is void of any indication that he was ever awarded either the CIB or CMB during his active duty tenure.  As a result, notwithstanding the NPRC letter he provided, absent any evidence confirming he served as an infantryman or combat MEDIC, it would not be appropriate or serve the interest of all those who served during World War II and who faced similar circumstances to grant the requested relief in this case.

4.  The applicant's contention that his WD AGO 53-55 should be corrected to show he was assigned to Company I, 2nd Battalion, 3rd Infantry Division was also carefully considered.  However, the only available documentary evidence shows he was assigned to the Medical Detachment, 275th Infantry Regiment, during his service in the ETO, as evidenced by entries on his WD AGO 53-55, PH orders, and Honorable Discharge Certificate, which all show he was assigned to the Medical Detachment, 275th Infantry Regiment.  Therefore, absent any documentary evidence confirming he was ever assigned to I Company, 3rd Battalion of the 3rd Infantry Division, there is also insufficient evidence to support granting this portion of the requested relief.  

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)                                         AR20090011901



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ABCMR Record of Proceedings (cont)                                         AR20090011901



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