BOARD DATE:	  25 March 2010

		DOCKET NUMBER:  AR20090015104 


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 he served in the Battle of the Bulge from January 1945 until he was sent back to England.  He contends that after he returned to England he was told he would receive the Combat Infantryman Badge, but he never received it because he was transferred to Africa.

3.  The applicant provides a letter, dated 6 August 2009, from the National Personnel Records Center in St. Louis, Missouri, and a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) 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 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 into the Army of the United States on 27 April 1944.  He served in the European theater of operations from 26 November 1944 through 18 June 1946 and was honorably discharged on 4 July 1946.

4.  Item 4 (Arm or Service) of the applicant's WD AGO Form 53-55 shows the entry "INF" [Infantry].  Item 6 (Organization) of his WD AGO Form 53-55 shows he was assigned to Company A, 329th Infantry.  Item 30 (Military Occupational Specialty (MOS) and Number) of his WD AGO Form 53-55 shows the entry "ENGR [Engineer] DIESEL 089."  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Central Europe and Rhineland campaigns.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows the European-African-Middle Eastern Campaign Medal and the World War II Victory Medal as authorized awards.

5.  There are no orders for the Combat Infantryman Badge in the available records.  However, the applicant's WD Form 372A (Final Payment - Work Sheet) shows he received combat infantry pay.

6.  The applicant's Separation Qualification Record shows he served as a rifleman in MOS 745 for 5 months.

7.  War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  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.  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.  

8.  Army Regulation 600-45 (Decorations), effective 13 October 1949, provided in pertinent part, that the Bronze Star Medal was 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 was considered to be a citation in orders.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

9.  Army Regulation 600-8-22 (Military Awards) 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant received combat infantry pay during World War II.  Therefore, there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.

2.  Based on award of the Combat Infantryman Badge, the applicant is eligible for award of the Bronze Star Medal.

3.  The applicant participated in two battles and campaigns during World War II which entitles him to the European-African-Middle Eastern Campaign Medal with two bronze service stars.

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.  awarding him the Combat Infantryman Badge;

	b.  awarding him the Bronze Star Medal (based on award of the Combat Infantryman Badge); and

	c. adding the Combat Infantryman Badge, the Bronze Star Medal, and two bronze service stars for wear on his already-awarded European-African-Middle Eastern Campaign Medal to item 33 of his WD AGO Form 53-55.



      ____________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)                                         AR20090015104



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ABCMR Record of Proceedings (cont)                                         AR20090015104



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