IN THE CASE OF:	  

		BOARD DATE:	  26 April 2011

		DOCKET NUMBER:  AR20100025399 


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 (CIB).

2.  The applicant states:

* he should be entitled to the CIB for service as an infantry officer liaison to French resistance forces
* he engaged in active ground combat from 1 August to 24 September 1944
* he displayed great energy, judgment, initiative, and courage in directing units of Force Française de l'Intérieur [French Forces of the Interior (FFI)] in combat against pockets of enemy resistance
* he was exposed to enemy fire on numerous occasions in the dissemination of orders

3.  The applicant provides:

* memorandum, 11th Special Forces (SF) Detachment, dated 1 October 1944, subject:  Recommendation for Award of Bronze Star Medal (BSM)
* extract of 11th SF Detachment After Action Report (AAR), dated 1 October 1944
* WD AGO Form 100 (Separation Qualification Record), dated 8 December 1945
* WD AGO Form 53-98 (Military Record and Report of Separation – Certificate of Service), dated 8 December 1945
* Army of the United States (AUS) Certificate of Service, dated 8 December 1945
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), dated 30 November 1976
* Department of the Army message, subject:  Award of the CIB to Advisors, dated 19 May 2006
* BSM Certificate, dated 8 July 2010
* letter, U.S. Army Human Resources Command (HRC) Awards and Decorations Branch, dated 23 July 2010
* DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 23 July 2010

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 records show he was appointed as a second lieutenant, Infantry, Officers' Reserve Corps of the Army of the United States on 18 May 1942.  His WD AGO Form 66-1 (Officer's and Warrant Officer's Qualification Card) shows he was awarded specialty 1542 (Rifle Platoon Officer, Infantry) upon appointment.

3.  On 17 July 1942, he entered active duty at Fort McClellan, AL.

4.  On 23 October 1943, he was assigned to the 11th SF Detachment, Office of Strategic Services (OSS), Washington, DC, as a combat intelligence officer.  His DA Form 66 (Officer Qualification Record) shows he completed the OSS intelligence school in December 1943.

5.  His WD AGO Form 53-98 shows he departed for the European theater of operations on 13 December 1943 and arrived on 20 December 1943.  While serving in World War II (WWII), still assigned to the 11th SF Detachment, he was attached to Headquarters, 3rd U.S. Army.  His principal duties required him to serve as a liaison between U.S. Army combat elements and units of the FFI.

6.  On 17 November 1944, he departed the European theater of operations and arrived in the United States on 25 November 1944.

7.  On 5 April 1945, he departed for the China-Burma-India (CBI) theater of operations and arrived on 18 May 1945.  On 3 October 1945, he departed the CBI theater of operations and arrived in the United States on 23 October 1945.

8.  On 8 December 1945, he was honorably released from active duty.  His WD AGO Form 53-98 shows he completed 3 years, 4 months, and 22 days of creditable active service during this period of active duty, including 1 year, 6 months, and 2 days of foreign service.

9.  Item 4 (Arm or Service) of his WD AGO Form 53-98 shows the entry "INF" indicating he was in the infantry branch of service.

10.  Item 27 (Military Occupational Specialty and Number) of his WD AGO 
Form 53-98 shows he was trained as a combat intelligence officer and a photography officer (still-photography).

11.  Item 28 (Battles and Campaigns) of the applicant's WD AGO Form 53-98 shows he participated in the Normandy, Northern France, and Rhineland campaigns during WWII.

12.  Item 29 (Decorations and Citations) of the applicant's WD AGO Form 53-98 shows he was awarded the American Theater Service Medal, the European-African-Middle Eastern Campaign Medal with three bronze service stars, the WWII Victory Medal, and the Asiatic-Pacific Theater Service Medal with one bronze service star.

13.  On 29 January 1947, he was reappointed in the Louisiana Army National Guard.  On 30 November 1976, he was honorably retired in the rank of brigadier general.

14.  There are no official orders in the applicant's records awarding him the CIB.

15.  He provides:

	a.  a memorandum, 11th SF Detachment, dated 1 October 1944, recommending him for award of the BSM.  This recommendation contains an extract of the 11th SF Detachment AAR, dated 1 October 1944.  While the request and corresponding extract detail his coordination with resistance forces, neither document specifically addresses his engagement with the enemy aside from exposure to enemy fire;

	b.  his WD AGO Form 100, dated 8 December 1945, documents his duties as a member of the OSS; specifically, to "act in capacity of liaison and operations officer between 3rd Army and Free French for purpose of coordinating Guerrilla activities with movement of the 3rd Army";

	c.  a WD AGO Form 53-98, dated 8 December 1945;

	d.  an AUS Certificate of Service, dated 8 December 1945;

	e.  an NGB Form 22, dated 30 November 1976, with continuation sheet;

	f.  a DA message, dated 19 May 2006, subject:  Award of the CIB to Advisors, limiting award of the CIB as it pertains to Army advisors or liaisons to those performing such duties subsequent to 18 September 2001;

	g.  a BSM Certificate, dated 8 July 2010, for meritorious service from 1 August to 24 September 1944;

	h.  a letter, HRC Awards and Decorations Branch, dated 23 July 2010; and

	i.  a DD Form 215, dated 23 July 2010, adding the BSM to his WD AGO Form 53-98 for the period ending 8 December 1945.

16.  War Department Circular 269-1943 established the CIB and the Expert Infantryman Badge (EIB) to recognize and provide an incentive to infantrymen.  The EIB was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  The CIB was awarded for exemplary conduct in action against the enemy.

17.  War Department Circular Number 408, dated 17 October 1944 and effective 1 November 1944, restricted award of the CIB to officers, warrant officers, and enlisted men assigned to infantry regiments, infantry battalions, and elements thereof designated as infantry.  Personnel whose eligibility was thus established could qualify for award of the CIB by satisfactory performance of duty in ground combat against the enemy.  Announcement of the award of the CIB would be made in regimental or unit orders.

18.  War Department Circular Number 93, dated 24 March 1945 and effective 1 November 1944, restricted award of the CIB to officers, warrant officers, and enlisted men assigned to infantry regiments, infantry battalions, and elements thereof designated as infantry.  In addition, infantry officers, warrant officers, and enlisted men who were attached to infantry regiments, infantry battalions, and elements thereof designated as infantry of the U.S. Forces or of any of the Allied Nations' military forces were eligible for the CIB.  In those cases where the individual concerned was not assigned to an infantry regiment or smaller infantry unit, the award would be made by such commanders and in such orders as the theater commander designated.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the CIB.

2.  There are three basic requirements for award of the CIB.  The Soldier must have been an infantryman satisfactorily performing infantry duties, he must have been assigned to an infantry unit during such time as the unit was engaged in active ground combat, and he must have actively participated in such ground combat.  The evidence of record shows the applicant:

	a.  was assigned to the infantry branch, but performed duties as a combat intelligence officer during the period in question;

	b.  was assigned to the 11th SF Detachment, OSS, attached to 3rd U.S. Army and embedded with unknown-sized elements of the FFI; and

	c.  directed enemy units in combat operations; however, it does not detail his acts of engagement with the enemy aside from exposure to enemy fire.

3.  In view of the foregoing, there is insufficient evidence to support his entitlement to award of the CIB or to correction of his WD AGO Form 53-98 to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20090012380



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ABCMR Record of Proceedings (cont)                                         AR20100025399



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