BOARD DATE: 29 December 2010
DOCKET NUMBER: AR20100016425
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, in effect, correction of the Hospital Admission Card data files (1942-1945 and 1950-1954) to show his feet were frozen (instead of trench foot) and correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the Combat Infantryman Badge.
2. The applicant states he was awarded the Combat Infantryman Badge and he would like to have it. He adds he has completed a thorough search and cannot find his records or medals. He also states his feet were frozen and he did not have trench foot as shown in the Hospital Admission Card data files.
3. The applicant provides his WD AGO Form 53-55, a letter from the National Personnel Records Center, a National Archives and Records Administration Form 13038 (Certification of Military Service), and information from the Hospital Admission Card data files.
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 his records were lost or destroyed in that fire. The following information was derived from documents furnished by him and obtained through other sources available to the ABCMR.
3. His available military records show he was inducted into the Army of the United States and entered active service on 15 August 1944. He was subsequently awarded military occupational specialty (MOS) 745 (rifleman). The highest rank/grade he attained during his tenure of service was private first class/pay grade E-3.
4. On 28 June 1946, he was discharged after completing 1 year, 10 months, and 14 days of active service.
5. His WD AGO Form 53-55 shows he served in the European theater of operations from 15 January 1945 to an unknown date.
6. Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Rhineland campaign.
7. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he was awarded the American Theater Service Medal, European-African-Middle Eastern Service Medal with one bronze service star, Army Good Conduct Medal, and World War II Victory Medal. It does not show award of the Combat Infantryman Badge.
8. His available records do not contain orders or a recommendation for award of the Combat Infantryman Badge.
9. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Chapter 8 states that there are three basic requirements for the Combat Infantryman Badge. The member must hold and serve in an infantry military occupational specialty; must be assigned to a qualifying infantry unit of brigade, regimental, or smaller size; and must have been present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces. It further stipulates that combat service alone is not a sufficient basis to support award of the Combat Infantryman Badge.
DISCUSSION AND CONCLUSIONS:
1. By regulation, in order to support award of the Combat Infantryman Badge, there must not only be evidence that a member served in an infantry MOS in an infantry unit, but also that he was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces. There is no specific evidence in the applicant's records showing he was personally present and participated with a qualifying infantry unit while it was engaged in active ground combat with enemy forces. Therefore, regrettably, there is insufficient evidence to show he met the eligibility criteria for award of the Combat Infantryman Badge.
2. It is presumed that competent medical authorities made a valid medical diagnosis at the time. As such, there is no basis for correction of the Hospital Admission Card data files (printout) to show his feet were frozen, instead of his having trench foot.
3. In view of the foregoing, there is an insufficient basis for granting the applicant's request.
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 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) AR20100016425
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ABCMR Record of Proceedings (cont) AR20100016425
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