BOARD DATE:	  5 October 2010

		DOCKET NUMBER:  AR20100011474 


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 that he served 12 months in combat assigned to E Company, 337th Infantry Regiment.

2.  The applicant states that the above award is not listed on his WD AGO Form 53-55 for the period ending 6 January 1946.  He further states his record should show that he served in combat with E Company, 337th Infantry Regiment.

3.  The applicant provides a copy of his:

* WD AGO Form 53-55 
* WD Form 732B (Final Payment - Work Sheet - Memorandum Copy), dated 31 December 1945
* WD AGO Form 100 (Separation Qualification Record), dated 6 January 1946

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 (NPRC) 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.  In addition, the applicant's WD AGO Form
53-55, WD Form 372B, and WD AGO Form 100 were available for review. 

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 26 August 1943 and he entered active service on
16 September 1943.  The applicant arrived in the European Theater of Operations (ETO) on 28 March 1944, he departed the ETO on 8 December 1945 en route to the continental United States, and he arrived to CONUS on
29 December 1945.  He was subsequently honorably discharged by reason of demobilization on 6 January 1946.  

4.  His WD AGO Form 53-55 further shows in:

* Item 6 (Organization), the entry "Co E 337th Inf"
* Item 31 (Military Qualification and Date), the entry "Rifle M-1 SS 166
8 Dec 43"
* Item 32 (Battles and Campaigns), the entry "North Apennines, Po Valley, and the Rome-Arno" campaigns during his service in the ETO
* Item 33 (Decorations and Citations), the entry "European-African-Middle Eastern Service [Campaign] Medal, [Army] Good Conduct Medal, and the World War II Victory Medal"
* Item 37 (Total Length of Service), the entry "Continental Service - 
6 months and 8 days" and "Foreign Service - 1 year, 9 months, and
12 days"

5.  The applicant's WD AGO Form 100 shows after basic infantry training he served as a rifleman for 12 months and as an interpreter for 7 months during his tenure of service.

6.  The applicant's WD Form 372B shows he received combat infantry pay for the period 1 November 1945 to 6 January 1946.

7.  There are no provisions for annotating combat service on the WD AGO Form 53-55.

8.  War Department Circular 269-1943 established the Combat 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.  

9.  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 is 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 the Combat Infantryman Badge for service during World War II.

10.  Army Regulation 600-8-22, in pertinent part, authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 of the WD AGO Form 53-55.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant's service personnel records that show he was awarded the Combat Infantryman Badge.  However, the WD Form 372B verifies the applicant received combat infantry pay for the period 1 November 1945 to 6 January 1946.  Therefore, the applicant is entitled to award of the Combat Infantryman Badge and correction of his WD AGO Form 53-55 to show this award.

2.  Based on award of the Combat Infantryman Badge the applicant is entitled to the Bronze Star Medal.  Therefore, his WD AGO Form 53-55 should be corrected to show this award.

3.  The evidence of record shows the applicant participated in three campaigns while serving in the ETO.  Therefore, he is eligible for three bronze service stars for wear on his already-awarded European-African-Middle Eastern Campaign Medal and correction of his WD AGO Form 53-55 to show these bronze service stars.

4.  Unfortunately, there is no provision to change the applicant's WD AGO Form 53-55 to specifically show he served 12 months in combat with E Company, 337th Infantry Regiment.  However, his WD AGO Form 53-55 already shows he was assigned to E Company, 337th Infantry Regiment while serving in the ETO for the period 28 March 1944 to 8 December 1945.  In addition, his WD AGO Form 100 shows he served as a rifleman for 12 months.  Therefore, there is no basis for granting this portion of his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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:

	a.  deleting from item 33 of his WD AGO Form 53-55 the European-African-Middle Eastern Service Medal;

	b.  awarding him the Combat Infantryman Badge and the Bronze Star Medal (based on award of the Combat Infantryman Badge); and

	c.  adding to item 33 of his WD AGO Form 53-55 the Bronze Star Medal, Combat Infantryman Badge, and the European-African-Middle Eastern Campaign Medal with three bronze service stars.

2.  The Board further determined that 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 changing his WD AGO Form 53-55 to show he served 12 months in combat while assigned to E Company, 337th Infantry Regiment.



      _______ _  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)                                         AR20100011474



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ABCMR Record of Proceedings (cont)                                         AR20100011474



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