IN THE CASE OF:
BOARD DATE: 15 March 2011
DOCKET NUMBER: AR20100022153
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) to show award of the Expert Infantryman Badge.
2. The applicant states:
* The Expert Infantryman Badge was presented to him but it was not listed on his discharge
* He has the badge but no supporting documentation
3. The applicant provides:
* Letter, dated 23 March 2009, to the National Personnel Records Center in St. Louis, MO
* War Department Form 372A (Final Payment - Work Sheet)
* WD AGO Form 53-55 (Enlisted Record and Report of Separation)
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 applicants 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 applicants 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. He was inducted into the Army of the United States on 26 October 1943. He served as an infantryman in the European theater of operations from 2 March
to 7 June 1945 and in the Asiatic-Pacific theater of operations from
12 September 1945 to 28 March 1946. On 20 April 1946, he was honorably discharged.
4. His WD AGO Form 53-55 does not show the Expert Infantryman Badge as an authorized award. His WD AGO Form 53-55 shows he received the Combat Infantryman Badge.
5. There are no orders for the Expert Infantryman Badge in the reconstructed record.
6. His War Department Form 372A (Final Payment - Work Sheet) does not show he received expert infantry pay.
7. Army Regulation 600-8-22 (Military Awards) states award of the Expert Infantryman Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size. To be eligible for testing and award of the Expert Infantryman Badge, a Soldier must be in an active Army status and must have an infantry or special forces specialty.
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. 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.
DISCUSSION AND CONCLUSIONS:
The applicant's contentions were carefully considered. However, there are no orders for the Expert Infantryman Badge. There is also no evidence of record which shows he received expert infantry pay during World War II. Regrettably, there is insufficient evidence on which to base award of the Expert Infantryman Badge 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) AR20100022153
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100022153
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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