IN THE CASE OF:	  

		BOARD DATE:	       19 FEBRUARY 2009

		DOCKET NUMBER:  AR20080017512 


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, that he be awarded the Bronze Star Medal and a Combat Infantryman Badge.

2.  The applicant states that in July 1945 he was assigned to the 4th Infantry Division.  He continues that during the Battle of the Bulge, the 9th Armored Engineer Battalion performed infantry duties and continued through Europe.  The applicant concludes that he was awarded a Certificate of Merit for meritorious and outstanding performance of military duty and the Army of Occupation ribbon in Europe.

3.  The applicant provides a copy of Certificate of Merit, a copy of a Presidential Unit Citation, his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), a DA Form 1577 (Authorization for Issuance of Awards), and a DA Form 372-A (Final Payment - Work Sheet) in support of this 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's available record contains a WD AGO Form 53-55.  This form shows he was inducted into the Army of the United States on 3 October 1942, entered active service on 17 October 1942, and was honorably discharged on  18 October 1945.  He was awarded military occupational specialty (MOS) code 059 (Construction Foreman).

4.  This form also shows that he was assigned to the European Theater of Operations during World War II during the period 20 August 1944 to 12 August 1945.  Item 32 (Battle and Campaigns) shows he participated in the Ardennes, Rhineland, and Central Europe campaigns.

5.  Available records show that he was separated from the Army of the United States from Company "A," 9th Armored Engineer Battalion.  

6.  Item 33 (Decorations and Citations) of the applicant's WD AGO 53-55 shows award of the European-African-Middle Eastern Campaign Medal with three bronze battle [service] stars, one service stripe, two overseas bars, and a Good Conduct Medal.

7.  There are no orders showing award of the Combat Infantryman Badge.  The applicant's War Department Form 372A, dated 18 October 1945, was available for review.  This document shows the applicant was not receiving combat infantryman pay.

8.  There are no orders or recommendation in the available records that show the applicant was awarded the Bronze Star Medal in the available records.


9. War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge (EIB) 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 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)
      
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.  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.  The opinion does note that 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.

10.  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 Combat Infantryman Badge 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.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered.

2.  The applicant's claim of entitlement to the Combat Infantryman Badge was carefully considered.  However, regulations provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.  Although the applicant was assigned to an Infantry Division, his lower-level assignment to Company A, 9th Armored Engineer Battalion shows he was not assigned to an infantry unit of brigade or regimental or smaller size, and his available record shows he was performing duties as a construction foreman and there is no evidence that he was performing any infantryman duties.  Therefore, there is an insufficient evidentiary basis to support award of the Combat Infantryman Badge in this case.

3.  The applicant's claim of entitlement to the Bronze Star Medal was carefully considered.  However, regulations provided that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  There is no evidence in the available records which show that applicant was recommended for/or awarded the Bronze Star Medal.  The applicant was not entitled to award of the Combat Infantryman Badge; therefore, he is also not eligible for award of the Bronze Star Medal based on award of the Combat Infantryman Badge.  Absent such evidence there is no basis to grant award of the Bronze Star Medal in this case.

4.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in 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

________  ________  ________  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.



      ______________________
               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)                                         AR20080017512



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ABCMR Record of Proceedings (cont)                                         AR20080017512



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