BOARD DATE:	  12 May 2011

		DOCKET NUMBER:  AR20100027683 


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:

* item 4 (Arm or Service) as Infantry instead of Quartermaster Corps
* item 6 (Organization) to show "Company F, 406th Infantry"
* item 31 (Military Qualifications and Date (i.e. infantry, aviation, and marksmanship badges, etc.)) to add the Combat Infantryman Badge

2.  The applicant states his infantry training at Camp Wheeler, GA, prepared him as an infantryman.  He served in Germany during World War II (WWII) as an infantryman with Company F, 406th Infantry Regiment, 102nd Infantry Division.  He earned the Combat Infantryman Badge during this service.  Following the German surrender on 8 May 1945, the 102nd Infantry Division disbanded.  He was then appointed to the Quartermaster Corps for the remainder of his service.

3.  The applicant provides his WD AGO Form 53-55, Honorable Discharge Certificate, and a letter from the National Personnel Records Center.

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 his 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.  His WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active duty in Kings County, NY, on 7 September 1944.  This form also shows he held military occupational specialty (MOS) 055 (Clerk, General) and he was assigned to the 406th Infantry Regiment, 102nd Division, at the time of his separation.

4.  His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 31 January 1945 and he arrived in the European theater of operations (ETO) on 6 February 1945.  He departed the ETO on 13 July 1946 and arrived back in CONUS on 23 July 1946.

5.  He completed 5 months and 2 days of continental service and 1 year, 5 months, and 23 days of foreign service.  He was honorably discharged on 31 July 1946 at Fort Dix, NJ.

6.  Item 31 of his WD AGO Form 53-55 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) and Machine Gun Bar (.30 caliber).

7.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Central Europe and Rhineland campaigns during WWII.

8.  Item 33 of his WD AGO Form 53-55 shows the European-African-Middle Eastern Campaign Medal, Army of Occupation Medal, WWII Victory Medal, and Army Good Conduct Medal.

9.  His reconstructed records contain a certificate issued by the Infantry Replacement Training Center, Camp Wheeler, GA, that shows he successfully completed the prescribed course of training from 25 September 1944 to 6 January 1945 and he was qualified as a rifleman.

10.  His WD AGO Form 100 (Separation Qualification Record) shows he performed duties for the duration and in the specialties as indicated:

* 4 months as a private in MOS 521 (Basic Infantryman)
* 7 months as a private first class (PFC) in MOS 745 (Rifleman)
* 2 months as a PFC in MOS 055 (Clerk, General)
* 3 months as a PFC in MOS 776 (Radio Operator)
* 8 months as a PFC, in MOS 590 (Duty Soldier)

11.  His WD Form 372A (Final Payment Worksheet) for the period of account ending July 1946 shows he received the amount of $10.00 in "Combat Infantry Pay" for the period 1 July through 31 July 1946.

12.  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.  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, WWII 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 Military Awards Branch of the U.S. Army Human Resources Command has advised in similar cases that during WWII 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 noncommissioned officer (812)
* gun crewman (864)

13.  Army Regulation 600-8-22 (Military Awards) provides for award of the Bronze Star Medal to members of the Armed Forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.  It also provides for the wear of one bronze service star on the appropriate campaign or service medal for each credited campaign.

14.  War Department Circular Number 408, dated 17 October 1944, provides for awards of the Expert and Combat Infantryman Badge.  It states that Public Law 503, approved on 30 June 1944, provided that during the present war (WWII) and for 6 months thereafter, any enlisted man of the combat ground forces of the Army who is entitled under regulations to wear the Combat Infantryman Badge shall be paid additional compensation.

15.  Army Regulation 600-8-22 provides for award of the European-African-Middle Eastern Campaign Medal.  The regulation also authorizes a bronze service star based on qualifying service for each campaign listed in appendix B or listed in item 32 of the WD AGO Form 53-55.  This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the European-African-Middle Eastern Campaign Medal.

16.  Technical Manual 12-235 (Discharge Procedures and Preparation of Separation Forms), in effect at the time, provided that item 6 of the WD AGO Form 53-55 would be completed as follows:  "Enter the last unit or similar element to which he was assigned, rather than the element of which he was a part while moving to a separation activity.  Assignments to units for purpose of transfer from a theater to the United States are considered part of the movement to a separation activity."  Item 4 of the WD AGO Form 53-55 in effect at the time showed the Soldier's arm or service and item 30 showed the Soldier's MOS at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  With respect to his arm of service, the applicant completed infantry training from September 1944 to January 1945 and he served as a rifleman during WWII. 
Additionally, he continued to receive combat infantry pay through his separation on 31 July 1946.  Although his separation qualification record documented his service as an infantryman as well as other specialties (including being a duty Soldier during the last 8 months of his service) and he was assigned to the Quartermaster Corps after his service in Germany, there is no harm to the Army or the applicant if item 4 of his WD AGO Form 53-55 is corrected to show his arm or service at the time of separation as infantry.

2.  With respect to his unit of assignment, the applicant's WD AGO Form 53-55 clearly shows he was assigned to the 406th Infantry Regiment and this entry is presumed to be correct.  Although there is no documentary evidence that shows his specific company during his service with the 406th Infantry, the applicant's sincerity in stating Company F should be listed as his unit of assignment is compelling as there is no harm to the Army or the applicant if item 6 of his WD AGO Form 53-55 is corrected to show his complete unit of assignment as Company  F, 406th Infantry Regiment, 102nd Division.

3.  The evidence of record shows the applicant held an infantry MOS during his service in WWII as shown on his separation qualification record.  Additionally, his reconstructed records show he received additional compensation in the amount of $10.00 in combat infantry pay from 1 to 31 July 1946, a clear indicator that he was awarded the Combat Infantryman Badge.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show this award.

4.  Based on his award of the Combat Infantryman Badge, he is also entitled to award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this award.

5.  His records show he was awarded the European-African-Middle Eastern Campaign Medal.  Furthermore, his records show he participated in two campaigns during his service in WWII.  Therefore, he is entitled to award of two bronze service stars to be affixed to his European-African-Middle Eastern Campaign Medal.

BOARD VOTE:

___x__  ___x____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* awarding him the Bronze Star Medal based upon award of the Combat Infantryman Badge
* deleting the entry "QMC" from item 4 and adding the entry "INF"
* deleting the entry "406th INF, DIV 102" from item 6 and adding the entry "COMPANY F, 40TH INF, 102ND DIV"
* adding to item 31 of his WD AGO Form 53-55 the Combat Infantryman Badge
* adding to item 33 of his WD AGO Form 53-55 the Bronze Star Medal and two bronze service stars be affixed to his already-awarded European-African-Middle Eastern Campaign Medal



      ___________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)                                         AR20100027683



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ABCMR Record of Proceedings (cont)                                         AR20100027683



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