BOARD DATE:	  15 July 2010

		DOCKET NUMBER:  AR20100001184 


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 to have his Expert Infantryman Badge changed to a Combat Infantryman Badge.

2.  The applicant states that his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), item 31 (Military Qualification and Date) should read "Combat Infantryman Badge" not "Expert Infantry Badge."  He states this was a typing error made long ago.

3.  The applicant provides a copy of his WD AGO Form 53-55 and honorable discharge certificate, dated 10 November 1945, in support of his 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 WD AGO Form 53-55 shows he enlisted in the Army of the United States on 28 September 1942.  He was trained in military occupational specialty (MOS) 604 (Light Machine Gunner).  This form also shows that at the time of his separation the applicant was assigned to Company B, 7th Infantry.

4.  The applicant's WD AGO Form 53-55 shows he arrived in the European theater of operations on 8 October 1943 and arrived back in the United States on 14 May 1944.  He completed 2 years, 5 months, and 12 days of continental service and 8 months and 1 day of foreign service.

5.  Item 31 of the applicant’s WD AGO Form 53-55 shows he was awarded the Expert Infantryman Badge by Special Orders Number 11, Headquarters, 7th Infantry, dated 20 January 1944.  Item 31 does not show award of the Combat Infantryman Badge.

6.  Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55 shows he participated in the Naples-Foggia and Rome-Arno campaigns during World War II.

7.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows he was awarded the Purple Heart, the European-African-Middle Eastern Campaign Medal with two bronze service stars, the Army Good Conduct Medal, the World War II Victory Medal, and the American Theater Ribbon.

8.  The applicant's medical records show he was wounded by a shell fragment entering the right side of his neck at 1430 hours on 31 January 1944 in Firrire, Italy, while advancing to make an attack.  He was treated and returned to limited duty.  He was honorably separated on 10 November 1945 under the provisions of Army Regulation 615-361 (Enlisted Men - Discharge - Medical) with a Certificate of Disability for Discharge.

9.  The applicant's reconstructed records do not contain orders awarding him the Combat Infantryman Badge.

10.  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 these awards.

11.  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:

	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 noncommissioned officer (812), and

	h.  gun crewman (864).

12.  Army Regulation 600-8-22 (Military Awards) provides for award of the Bronze Star Medal to members of the Armed Forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Combat Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.  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 contends he was awarded the Combat Infantryman Badge during World War II and that the Expert Infantryman Badge reflected on his WD AGO Form 53-55 was a typographical error.

2.  The evidence of record shows the applicant was trained in and held a light machine gunner MOS, served in combat, and was assigned to an infantry unit, Company B, 7th Infantry.  Further, the applicant was wounded by a shell fragment while advancing to make an attack on 31 January 1944 and was awarded the Purple Heart on 12 February 1944.  Therefore, the applicant appears to have satisfied the requirements for award of the Combat Infantryman Badge and is entitled to correction of his records to show this award.  

3.  However, orders also verify that the applicant was awarded the Expert Infantryman Badge.  Therefore, this badge is properly shown on his WD AGO Form 53-55.

4.  Additionally, the Bronze Star Medal is awarded to members of the Armed Forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  The 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.  The applicant is also entitled to award of the Bronze Star Medal and correction of his records to show this award.

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 awarding the applicant the Combat Infantryman Badge and the Bronze Star Medal for conduct in ground combat on 31 January 1944.



      __________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)                                         AR20100001184



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)