IN THE CASE OF:	  

		BOARD DATE:	  6 July 2010

		DOCKET NUMBER:  AR20100000233 


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 add the following awards:

* Expert Infantryman Badge
* Combat Infantryman Badge
* Army of Occupation Medal

2.  He also requests his WD AGO Form 53-55 be corrected to show his campaign participation in Triora, Italy, and his military qualifications and dates completed.

3.  The applicant states that during the preparation of his WD AGO Form 53-55 this information was omitted.

4.  The applicant provides:

* letter from the Combat Infantrymen's Association, Incorporated, dated 5 December 2009
* Honorable Discharge Certificate
* WD AGO Form 53-55
* WD AGO Form 100 (Separation Qualification Record)


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.  This case is being considered using reconstructed records which primarily consist of documents submitted by the applicant.

3.  The applicant entered active duty in the Army of the United States on 5 March 1943.

4.  The applicant's WD AGO Form 100 shows the following military occupational specialties:

* Basic Training (Infantry), 7 months
* Rifleman, 2 months
* Machine Gunner (Light), 2 months
* Packer, Animal, 6 months
* Supply Clerk, 16 months

5.  His WD AGO Form 100 shows under Summary of Military Occupations:

* Supply Clerk
* Packer, Animal

6.  The applicant was transferred to the European theater of operations on 10 December 1944 and he returned to the continental United States on 10 August 1945.

7.  He was honorably discharged on 25 November 1945 due to dependency.

8.  The WD AGO Form 53-55 he was issued shows the following awards:

* American Service Medal
* Bronze Star Medal
* European-African-Middle Eastern Campaign Medal
* Army Good Conduct Medal
* World War II Victory Medal

9.  His WD AGO Form 53-55 also shows:

* he participated in the North Apennines and Po Valley campaigns
* supply clerk and packer, animal, as his military occupational specialties
* Military Qualifications and Date – "None"

10.  A review of the available evidence does not show the applicant was ever awarded:

* Expert Infantryman Badge
* Combat Infantryman Badge
* Army of Occupation Medal

11.  Further review of the available evidence does not show his military qualifications and his dates of completion or his campaign participation in Triora, Italy.

12.  The letter he submits from the Combat Infantrymen's Association, Incorporated, dated 5 December 2009, shows he applied to become a member of the Combat Infantrymen's Association and his application and fees were returned to him due to his failure to submit official orders, DD Form 214 (Certificate of Release or Discharge from Active Duty), or any other military documents to show he was awarded the Combat Infantry Badge.

13.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), shows awards and citations authorized for units that served during World War II.  This pamphlet shows the applicant's unit received occupation credit for Germany for the period 2 May 1945 to 4 June 1945.

14.  Army Regulation 600-8-22 (Military Awards) states that for award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955.  The Army of Occupation Medal with Germany Clasp is also for authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.  Service between 9 May 1945 and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.

15.  Army Regulation 600-8-22 authorizes a bronze service star based on qualifying service for each campaign listed in appendix B or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55.  This regulation also provides that a silver service star is authorized in lieu of five bronze service stars.

16.  War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  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.  Soldiers had economic as well as intangible reasons to ensure 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 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 noncommissioned officer (812)
* gun crewman (864)

17.  War Department Circular Number 408, dated 17 October 1944 and effective 1 November 1944, restricted award of the Combat Infantryman Badge to officers, warrant officers, and enlisted men assigned to infantry regiments, infantry battalions, and elements thereof designated as infantry.  Personnel whose eligibility was thus established could qualify for award of the Combat Infantryman Badge by satisfactory performance of duty in ground combat against the enemy. 
Announcement of the award of the Combat Infantryman Badge would be made in regimental or unit orders.

18.  War Department Circular Number 93, dated 24 March 1945 and effective 1 November 1944, restricted award of the Combat Infantryman Badge to officers, warrant officers, and enlisted men assigned to infantry regiments, infantry battalions, and elements thereof designated as infantry.  In addition, infantry officers, warrant officers, and enlisted men who were attached to infantry regiments, infantry battalions, and elements thereof designated as infantry of the U.S. Armed Forces or of any of the Allied Nations' military forces were eligible for the Combat Infantryman Badge.  In those cases where the individual concerned was not assigned to an infantry regiment or smaller infantry unit, the award would be made by such commanders and in such orders as the theater commander designated.

19.  All Soldiers are provided basic combat skills training upon entry in 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.

20.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's case is being considered using documents he submitted as his records are not available for review.

2.  The available evidence does not show he is authorized the Combat Infantryman Badge or the Expert Infantryman Badge.  Although his WD AGO 
Form 53-55 shows he completed 7 months of infantry basic training, 2 months as a rifleman, and 2 months as a light machine gunner, it appears that this training was part of his basic combat skills training.  This training occurred prior to his transfer to the European theater of operations.  While he was in Europe he performed duties as a supply clerk and a packer.  His basic combat skills training is not a basis for the award of the Combat Infantryman Badge or the Expert Infantryman Badge.  Therefore, these awards cannot be added to his WD AGO Form 53-55 at this time.

3.  The evidence he submits does not show any military qualifications he may have had or the dates that he qualified.  It also does not show campaign participation in Triora, Italy, and there is no such recognized campaign.

4.  His WD AGO Form 53-55 shows he participated in two campaigns while he was in Europe.  Therefore, he is entitled to two bronze service stars to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal.

5.  The applicant's unit received occupation credit for Germany which entitles him to award of the Army of Occupation Medal with Germany Clasp.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ____x____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his WD AGO Form 53-55 to add the following awards:

* Army of Occupation Medal with Germany Clasp
* two bronze service stars to be included with his already-awarded European-African-Middle Eastern Campaign Medal

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending his WD AGO Form 53-55 to add:

* Combat Infantryman Badge
* Expert Infantryman Badge
* 
campaign participation in Triora, Italy
* military qualifications



      ____________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)                                         AR20100000233



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ABCMR Record of Proceedings (cont)                                         AR20100000233



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