IN THE CASE OF:	  

		BOARD DATE:	  3 August 2010

		DOCKET NUMBER:  AR20100000900 


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 and combat infantry pay.

2.  The applicant states:

* he was an 18-year old Army-trained combat rifleman assigned to Company A, 132nd Infantry Regiment of the Americal Division on the Island of Cubi, Philippines
* he participated in a major battle of Cubi Island in June 1945
* he participated in another mission (6-8 days) across the mountains of Cubi and was assigned an automatic rifle
* replacement troops who were 19 years or older all received the Combat Infantryman Badge and pay
* as he moved on to the occupation of Japan he again requested the Combat Infantryman Badge and pay adjustment, but he was told the Americal Division was decommissioned and no records were available

3.  The applicant provides:

* letters, dated 4 December 2009 and 1 February 2010, from two Members of Congress
* WD AGO Form 53-55 (Enlisted Record and Report of Separation)
* 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 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 was inducted into the Army of the United States on 1 December 1944.  He served in the Asiatic-Pacific theater of operations from 1 June 1945 through 9 September 1946 and was honorably discharged on 18 November 1946.

4.  The applicant's WD AGO Form 53-55 shows he was assigned to Company A, 132nd Infantry Regiment.  Item 30 (Military Occupational Specialty (MOS) and Number) of his WD AGO Form 53-55 shows the entry "Chief Clerk 502."  His WD AGO Form 53-55 does not show the Combat Infantryman Badge as an authorized award.

5.  There are no orders for the Combat Infantryman Badge in the available records.

6.  The applicant's War Department Form 372A (Final Payment - Work Sheet) does not show that he received combat infantry pay.

7.  The applicant's WD AGO Form 100 shows he served as the chief clerk with the 46th Engineer Construction Battalion in the Asiatic-Pacific theater for a period of 9 months.

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 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.  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 U.S. Army Human Resources Command Awards Branch 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:

The applicant's contentions were carefully considered.  However, his WD AGO Form 53-55 and WD AGO Form 100 show his MOS was chief clerk and there are no orders for the Combat Infantryman Badge.  There is also no evidence of record which shows the applicant performed exemplary conduct in action against the enemy while he was an infantryman serving with an infantry unit of brigade, regimental, or smaller size, or that he received combat infantry pay during World War II.  Regrettably, there is insufficient evidence on which to base award of the Combat Infantryman Badge or combat infantry pay in this case.



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)                                         AR20100000900



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ABCMR Record of Proceedings (cont)                                         AR20100000900



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