IN THE CASE OF:	  

		BOARD DATE:	  1 July 2010

		DOCKET NUMBER:  AR20090021776 


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 WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show award of the Combat Infantryman Badge and the Bronze Star Medal based on award of the Combat Infantryman Badge.

2.  The applicant states he was a front-line infantryman assigned to Company G, 12th Regiment, 4th Infantry, during World War II and he was wounded in action.  He contends the Combat Infantryman Badge was issued to him in Europe in 1944 and it does not appear on his discharge document.  He applied for the Bronze Star Medal for his combat experience and was denied this medal because the Combat Infantryman Badge did not appear on his discharge document.

3.  The applicant provides:

* WD AGO Form 53-55
* name change document

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 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 28 June 1943 and entered active duty on 12 July 1943.  He served as a rifleman in the European theater of operations from 25 September 1944 through 30 May 1945 and was honorably discharged on 3 December 1945.

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 G, 12th Infantry.  Item 30 (Military Occupational Specialty and Number) of his WD AGO Form 53-55 shows the entry "RIFLEMAN 745."  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Ardennes and Rhineland campaigns.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows the American Service Medal, European-African-Middle Eastern Campaign Medal, Army Good Conduct Medal, Purple Heart, and 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.  A DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 12 November 2009, amended the applicant's WD AGO Form 53-55 by adding the Prisoner of War Medal and Presidential Unit Citation to item 33.

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 or listed in item 32 of the WD AGO Form 53-55.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the Combat Infantryman Badge was issued to him in Europe in 1944.  Although there are no orders for the Combat Infantryman Badge in the available records, pay records show the applicant received combat infantry pay during World War II.  Therefore, there is sufficient evidence on which to amend his WD AGO Form 53-55 to show award of the Combat Infantryman Badge.

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 Bronze Star Medal (based on award of the Combat Infantryman Badge) and

	b.  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)                                         AR20090021776



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ABCMR Record of Proceedings (cont)                                         AR20090021776



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