BOARD DATE:	  25 March 2010

		DOCKET NUMBER:  AR20090015383 


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, award of two bronze service stars for participation in the Rhineland and Central Europe campaigns.  He also requests award of the Combat Infantryman Badge (CIB).  

2.  The applicant states, in effect, that his discharge document does not show the CIB.  He received a notice informing him that his records were burned and that there was no evidence he was engaged in ground combat.  He states he completed basic training and was assigned overseas with the Company D, 2nd Battalion, 297th Infantry Regiment, 100th Infantry Division as a rifleman for 7 months.  At the end of the war, he was hospitalized with pneumonia.  When he was discharged from the hospital, he was reclassified because there was no need for a rifleman.  He was placed in a Railroad Battalion as a company clerk because he could type.  He was later assigned personnel duties and promoted to a Technician 5 (T-5) corporal position.  The applicant states that his qualification record shows he served 7 months as a rifleman.  

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), his Honorable Discharge Certificate, and his WD AGO Form 100 (Separation Qualification Record) 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 (AUS) and entered active service on 21 March 1944.  His WD AGO Form 100 shows he completed 4 months of basic training as an infantryman.  His WD AGO Form 
53-55 shows his highest grade held was T-5.  

4.  The applicant served in the European Theater of Operations from 20 October 1944 through 12 May 1946.  His WD AGO Form 53-55 shows his branch of service as “Infantry.”

5.  Item 31 (Military Qualification and Date) on his WD AGO Form 53-55 does not show he was awarded the CIB.  

6.  Item 32 (Battles and Campaigns) on his WD AGO Form 53-55 shows he received credit for participation in the Central Europe and the Rhineland campaigns during World War II.

7.  The applicant’s WD AGO Form 100 shows he served 7 months as an automatic rifleman in military occupational specialty 746.  



8.  The applicant was honorably discharged on 25 May 1946.  His WD AGO Form 53-55 shows he was awarded the Army of Occupation Medal, the European-African-Middle Eastern Campaign Medal, and the World War II Victory Medal.  His WD AGO Form 53-55 shows he was assigned to the 397th Infantry Regiment, 100th Infantry Division.  

9.  The applicant’s Final Payment - Work Sheet shows he received combat infantry pay from 1 May 1946 to 25 May 1946.  

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 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.  Soldiers had economic as well as intangible reasons to ensure that their records were correct; therefore, 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 (Military Awards) 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 CIB 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.
12.  Army Regulation 600-8-22 authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and 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’s contentions have been carefully reviewed and there is sufficient evidence on which to grant the relief requested.  

2.  The applicant's WD AGO Form 53-55 shows his branch as "Infantry" and his WD AGO Form 100 shows he served 7 months an automatic rifleman.  In addition, his Final Payment Worksheet shows he received combat infantry pay.  This evidence is accepted as a sufficient basis for award of the CIB.  Therefore, the applicant’s records should be corrected to show the CIB.

3.  Based on award of the CIB as cited in paragraph 2, above, the applicant is also authorized award of the Bronze Star Medal.

4.  The applicant received credit for participation in the Central Europe and Rhineland campaigns in the European-African-Middle Eastern Theater of Operations.  Therefore, he is entitled to two bronze service stars for wear on 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 showing he was awarded the CIB, the Bronze Star Medal based on award of 

the CIB, and two bronze service stars to be worn on his already-awarded European-African-Middle Eastern Campaign Medal.



      _______ _   _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)                                         AR20090015383



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ABCMR Record of Proceedings (cont)                                         AR20090015383



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