BOARD DATE:	  10 November 2009

		DOCKET NUMBER:  AR20090012380 


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 that the Combat Infantryman Badge is not shown on his discharge document. 

3.  The applicant provides a copy of his Army Discharge Form 462 (Army of the United States Honorable Discharge), dated 6 January 1946, 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 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's WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows he was inducted into the Army of the United States and entered active duty at Camp Shelby, MS, on 29 March 1944.  This form also shows that at the time of his separation, the applicant held military occupational specialty (MOS) 835 (Supply Clerk) and he was assigned to Company B, 19th Armored Infantry Battalion.  

4.  The applicant's WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 14 October 1944 and he arrived in the European Theater of Operations (ETO) on 28 October 1944.  He departed the ETO on
13 December 1945 and arrived back in CONUS on 30 December 1945.  He completed 6 months and 21 days of continental service and 1 year, 2 months, and 17 days of foreign service.  He was honorably discharged on 6 January 1946 at Fort Knox, KY.

5.  Item 31 (Military Qualifications and Date (i.e. infantry, aviation, and marksmanship badges, etc.)) of the applicant's WD AGO Form 53-55 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1). 

6.  Item 32 (Battles and Campaigns) of the applicant’s WD AGO Form 53-55 shows he participated in the Rhineland campaign during World War II (WWII).

7.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows he was awarded the European-African-Middle Eastern Campaign Medal, Army Good Conduct Medal, Purple Heart (1st Oak Leaf Cluster), and the World War II Victory Medal.

8.  Item 34 (Wounds Received in Action) of the applicant's WD AGO Form 53-55 contains the entries "France 15 December 1944" and "France 13 January 1945." 

9.  The applicant's WD Form 372A (Final Payment Worksheet) for the period of account ending January 1946 shows the applicant received the amount of $22.00 in "Combat Infantry Pay" for the period from 1 November 1945 through
6 January 1946.

10.  Item 4 (Arm or service) of the applicant's WD AGO Form 53-55 shows the entry "Inf" indicating he was in an infantry branch of service.

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, 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)
   h.  Gun crewman (864)

12.  Army Regulation 600-8-22 (Military Awards) provides for award of the Bronze Star Medal to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.  It also provides for the wear of one bronze service star on the appropriate campaign or service medal for each credited campaign.

13.  War Department Circular Number 408, dated 17 October 1944, provides for awards of the Expert and Combat Infantryman Badge.  It states, in pertinent part, that Public Law 503, approved on 30 June 1944, provided that during the present war (WWII) and for 6 months thereafter, any enlisted man of the combat ground forces of the Army who is entitled under regulations to wear the Combat Infantryman Bdge shall be paid additional compensation. 

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the European-African-Middle Eastern Campaign Medal.  The regulation also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 of the WD AGO Form 53-55.  This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Combat Infantryman Badge. 

2.  The evidence of record shows the applicant was assigned to an Armored-Infantry battalion and he was wounded on two separate occasions during his service in WWII.  The evidence of records also shows that the applicant held an infantry MOS but appears to have changed duties to a supply clerk subsequent to his wounds.  Additionally, his final pay worksheet shows he received a combat pay supplement shown as "Combat Infantry Pay" for the period from 1 November 1945 through 6 January 1946.  Therefore, there is sufficient evidence to show he is entitled to award of the Combat Infantryman Badge and correction of his WD AGO Form 53-55 to show this award.  

3.  The applicant's final pay work sheet shows he received combat pay from 1 November 1945 through 6 January 1946.  However, the law in effect at the time provided that during WWII and for 6 months thereafter, any enlisted man of the combat ground forces of the Army who is entitled under regulations to wear the Combat Infantryman Badge shall be paid additional compensation.  It is therefore reasonable to presume the applicant had received combat pay prior 1 November 1945.  Therefore, based on his entitlement to award of the Combat Infantryman Badge, he is entitled to award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this award.

4.  The applicant's records show he was awarded the European-African-Middle Eastern Campaign Medal.  Furthermore, his records show he participated in one campaign during his service in WWII.  Therefore, he is entitled to award of one bronze service star to be affixed to his European-African-Middle Eastern Campaign Medal.

BOARD VOTE:

___x____  __x_____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 33 of his WD AGO Form 53-55 the European-African-Middle Eastern Campaign Medal;

	b.  awarding the applicant the Combat Infantryman Badge and the Bronze Star Medal based upon award of the Combat Infantryman Badge,

	c.  adding to item 31 of his WD AGO Form 53-55 the Combat Infantryman Badge; and

   d.  adding to item 33 of his WD AGO Form 53-55 the Bronze Star Medal and the European-African-Middle Eastern Campaign Medal with one bronze service star.



      ____________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)                                         AR20090012380



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ABCMR Record of Proceedings (cont)                                         AR20090012380



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