IN THE CASE OF:	  

		BOARD DATE:	  22 July 2010

		DOCKET NUMBER:  AR20090021008 


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 was trained as an infantryman/rifleman and assigned to the 96th Infantry Division.  He states his DD Form 215 (Correction to DD Form 214) shows he was issued the bronze arrowhead and block 2 (Department, Component and Branch) of the DD Form 214 shows he served as an infantryman in the Army of the United States.

3.  In a self-authored statement, the applicant states he was assigned to Camp Adair, OR on 29 August 1943 for training as a rifleman and second scout.  On 6 April 1943, he left Camp Adair for Oahu, HI.  On 1 August 1944, he was assigned to Company L, 383d Infantry Battalion, 96th Infantry Division. On 15 September 1944, he was assigned to Company B, 715th Amphibian Tractor Battalion as an assistant driver and at that time he was no longer classified as an infantryman 

4.  The applicant provides:

* A letter from the Department of the Army Review Boards Agency dated 27 June 2006
* DD Form 215 dated 27 June 2006
* A self-authored statement dated 11 November 2009
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 31 August 1963


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 was inducted into the Army of the United States on 7 August 1943 and he entered active duty on 21 August 1943.  His WD AGO Form 20 (Soldier's Qualification Card) shows that on 10 January 1944 he was assigned to Company B, 274th Infantry Division with principal duties as a rifleman.  

3.  He was transferred and he arrived in the Pacific Theater of Operations on 8 May 1944.  

4.  A review of the available records fails to show the applicant was ever engaged in ground combat while he was assigned to an infantry unit performing duties as a rifleman.

5.  On 31 October 1944 he was assigned to Company B, 751st Amphibious Tractor Battalion with principal duties as an amphibian tractor driver.  The applicant was awarded a supply clerk military occupational specialty (MOS) on 14 November 1945.  He returned to the Continental United States on 25 January 1946.  After completing 2 years, 5 months and 10 days of net active service this period he was honorably discharged on 30 January 1946 for the convenience of the government to enlist in the Regular Army (RA).  

6.  His WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) shows he participated in the Luzon and Ryukyus (Okinawa) campaigns the following awards:

* Asiatic Pacific Theater Campaign Medal with two bronze service stars
* Good Conduct Medal
* World War II Victory Medal
* Philippine Liberation Medal with one bronze service star
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

7.  On 31 January 1946, he enlisted in the RA.  After completing 5 years of net active service this period, he was honorably discharged on 30 January 1951, at the expiration of his term of service. 

8.  The DD Form 214 he was issued at the end of this period of service shows he was awarded a unit supply specialist MOS and the Army of Occupation Medal with Japan Clasp.

9.  On 4 January 1952, the applicant accepted an appointment as a commissioned officer in the RA in the rank of second lieutenant.  The applicant was honorably retired on 31 August 1963.  He had completed 11 years, 7 months, and 28 days of net active service this period and 20 years and 10 days of total active service.

10.  The DD Form 214 he was issued at the end of this period of service shows the following awards:

* Asiatic Pacific Service Medal
* Army of Occupation Medal
* Philippine Liberation Medal
* World War II Victory Medal
* Good Conduct Medal
* National Defense Service Medal
* American Campaign Medal
* Army Commendation Medal with two Oak Leaf Clusters
* Armed Forces Expeditionary Medal
* "Phil Ind Ribbon"

11.  On 27 June 2006, the applicant was issued a DD Form 215 amending his WD AGO Form 53-55 dated 30 January 1946 by deleting the Asiatic Pacific Theater Ribbon with two bronze stars and adding the Asiatic-Pacific Campaign Medal with two bronze service stars and bronze arrowhead.

12.  All Soldiers are provided basic combat skills training after they enter the Army.  This is provided to ensure that all Soldiers have the survival skills to perform basic infantry missions when the need arises.  The exigencies of combat may require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught, but it is not a basis for the award of the Combat Infantryman Badge.

13.  No other Soldier in combat is more exposed on a daily basis to the dangers and hardships of war and no other branch of the service suffers more casualties than the infantry.  To maintain the prestige, uniqueness, and traditional value of the Combat Infantryman Badge, the criteria for award has changed little over the years.

14.  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 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, (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)
* Gun crewman (864)

15.  Information obtained from the internet (Wikipedia) shows the 96th Infantry Division trained in the Hawaiian Islands from July to September 1944 before entering combat in an assault landing in Leyte Gulf, Philippine Islands, on         20 October 1944.  The division left the Philippines on 27 March 1945 for Okinawa, making an assault landing on the island on 1 April 1945.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record supports the applicant's contentions that he was assigned to an infantry unit with principal duties as a rifleman.

2.  However, available records do not show whether he ever engaged in ground combat with enemy forces while he was assigned to his infantry unit performing principal duties as a rifleman.
3.  As the applicant stated, on 6 April 1943 he left for Oahu, HI, and on 1 August 1944 he was assigned to Company L, 383d Infantry Battalion, 96th Infantry Division.  He further stated that on 15 September 1944 he was assigned to Company B, 715th Amphibian Tractor Battalion as an assistant driver and at that time he was no longer classified as an infantryman 

4.  There is evidence to show the 96th Infantry Division did not enter combat until 20 October 1944, by which time the applicant acknowledged he was no longer classified as an infantryman or performing duties as an infantryman.  

5.  In the absence of evidence to the contrary, it must be presumed that he did not meet the eligibility criteria for award of the Combat Infantryman Badge.

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)                                         AR20090021008



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ABCMR Record of Proceedings (cont)                                         AR20090021008



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