IN THE CASE OF:	  

		BOARD DATE:	  16 November 2010

		DOCKET NUMBER:  AR20100014339 


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.

2.  The applicant states he met other forward observers (artillery) who had been awarded the Combat Infantryman Badge while at a reunion for the 4th Infantry Division.  He served as a forward observer for Battery B, 29th Field Artillery, 4th Division, and was assigned to the 8th Regiment, 4th Infantry Division.  He served as a forward observer on the front lines in combat with the 8th Regiment from Normandy to Germany in 1945.  At times, he and his partner (a lieutenant) were asked to position themselves out in front of the infantry if a suitable observation post was available.  On one occasion they sat in a foxhole overlooking the Sauer River from dawn to dusk dressed in white capes to blend in with the snow.

3.  The applicant also states he was an artilleryman assigned to and fighting alongside the "doughboys" of the 8th Regiment.  He served in five European campaigns, he was wounded in the Hurtgen Forest, and after a brief convalescence he was able to continue as a forward observer with his unit until the end of the war.  He was up there with his radio and rifle alongside the infantrymen.

4.  The applicant provides:

* letter, dated 3 November 2009, from the National Personnel Records Center in St. Louis, Missouri


* WD AGO Form 53-55 (Enlisted Record and Report of Separation)
* Certification of Military Service

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 7 July 1943.  He served in the European theater of operations from 23 February 1944 through 2 July 1945 and was honorably discharged on 21 October 1945.

4.  Item 4 (Arm or Service) of the applicant's WD AGO Form 53-55 shows the entry "FA" [field artillery].  His WD AGO Form 53-55 shows he was assigned to Battery B, 29th Field Artillery Battalion.  Item 30 (Military Occupational Specialty (MOS) and Number) of his WD AGO Form 53-55 shows the entry "Radio Operator 776."  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.  There is no evidence of record which shows he received combat infantry pay during World War II.

7.  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 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 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 request was carefully considered.  However, his WD AGO Form 53-55 shows his MOS was radio operator and he was assigned to a field artillery battalion.  There are no orders for the Combat Infantryman Badge.  There also is 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)                                         AR20100014339



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ABCMR Record of Proceedings (cont)                                         AR20100014339



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