BOARD DATE:	  22 April 2010

		DOCKET NUMBER:  AR20090017284 


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 correction of his records to show award of the Combat Infantryman Badge. 

2.  The applicant states he was assigned to B Company, 50th Military Police Battalion in the Philippines.  He further states that he was engaged in a firefight with Philippine insurgents on 9 November 1946.

3.  The applicant provides:

* an undated Incident Report for B Company, 50th Military Police Battalion

* WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), for the period ending 6 March 1947

* Army of the United States-Honorable Discharge Certificate, dated 6 March 1947

* four DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the periods ending 6 March 1956, 15 March 1965, 
* 15 March 1969, and 31 March 1971

* Department of the Air Force Special Order AC 310, dated 6 January 1971



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 WD AGO Form 53-55 shows he enlisted in the Regular Army on 21 March 1946.  The applicant arrived in the Asiatic-Pacific Theater of Operations (APTO) on 27 August 1946 and he departed on 14 January 1947.  He was assigned to B Company, 50th Military Police Battalion in the APTO.

3.  The applicant was honorably discharged on 6 March 1947.  Item 4 (Arm of Service) of his WD AGO Form 53-55 show the entry "MP" (Military Police).  Item 32 (Battles and Campaigns) shows the entry "NONE."  Item 30 (Military Occupational Specialty and Number) shows the entry “COMPANY CLK 405.”  
Item 33 (Decorations and Citations) shows he was awarded the World War II Victory Medal.  

4.  There are no orders in the applicant's available service personnel records awarding him the Combat Infantryman Badge.

5.  The applicant provided an Incident Report from the Officer of the Day for the 50th Military Police Battalion.  The author stated on 9 November 1946, he was informed that 12 to 15 armed Filipinos were headed for the stockade and the 50th Military Police Battalion motor pool.  The author stated that he armed and deployed his men around the motor pool and stockade and instructed his men not to fire until they actually had a visible target.  Although they constantly received carbine, sub-machine gun, and rifle fire, his men did not encounter insurgents.  After an hour, he withdrew his men from their positions.

6.  On 15 August 1945, Japan officially surrendered, ending World War II.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  In pertinent part, it states that the Combat Infantryman Badge is authorized for World War II for the period 
7 December 1941 through 3 September 1945. 

8.  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.  
The Awards Branch, Human Resources Command, 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)
* Gun crewman (864)

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was placed in a combat situation in the Philippines; therefore, he should receive the Combat Infantryman Badge.  Evidence of record shows he was assigned to a Military Police Battalion in the Philippines during the period 27 August 1946 through 14 January 1947.  In accordance with Army Regulation 600-8-22 the Combat Infantryman Badge is authorized for World War II during the period 7 December 1941 through 3 September 1945.  The applicant's service in the Philippines was after the surrender of Japan, making him ineligible for award of the Combat Infantryman Badge.

2.  Military history contains many examples of non-infantry Soldiers temporarily performing basic infantry duties that all Soldiers are taught as part of their basic combat training.  However, the three criteria for award of the Combat Infantryman Badge are to be assigned to an infantry unit, performing infantry duties, while holding an infantry specialty.  It is acknowledged that the applicant may have participated in insurgent attacks; however, the evidence of record shows that 

while serving in Philippines his primary specialty was 405 (company clerk) which makes him ineligible for award of the Combat Infantryman Badge.  The performance of infantry tasks are not solely the basis for award of the Combat Infantryman Badge.

3.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in his service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x_____  ___x___  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




_______ _   __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)                                         AR20090017284



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090017284



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1