IN THE CASE OF:	  

		BOARD DATE:	  30 June 2011

		DOCKET NUMBER:  AR20110000053 


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 earned and was awarded the Combat Infantryman Badge for service in the 5th Infantry Regiment of the 71st Infantry Division in the Central Europe and Rhineland campaigns in 1945.  He states it is not shown on his discharge documents.

3.  The applicant provides his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge), Honorable Discharge Certificate, and War Department Form 372A (Final Payment – Work Sheet).

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 complete military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows he enlisted in the Regular Army on 2 September 1942 and entered active duty on 8 May 1943.  This form also shows he was assigned to the 5th Infantry Regiment, 71st Infantry Division, during his service in the European theater of operations from 4 February 1945 to 18 March 1946.

4.  On 31 March 1946, the applicant was honorably discharged from active duty in the rank/grade of private first class/E-3 after completing 2 years, 10 months, and 23 days of active military service.

5.  Item 31 (Military Qualification and Date) of the applicant's WD AGO 
Form 53-55 does not show he was awarded the Combat Infantryman Badge.

6.  Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55 shows he participated in the Rhineland and Central Europe campaigns.

7.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows he was awarded the following:

* American Campaign Medal
* European-African-Middle Eastern Campaign Medal
* World War II Victory Medal
* Army Good Conduct Medal

8.  The applicant's record contains a Final Payment – Work Sheet, dated 26 March 1946, which shows he received combat infantry pay during the period 1 December 1945 through 31 March 1946.

9.  War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  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, 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.  Soldiers had economic as well as intangible reasons to ensure that their records were correct; therefore, pay records are frequently the best available source to verify entitlement to these awards.

10.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders for the Bronze Star Medal.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

11.  A review of the applicant's records show he is entitled to additional awards that are not shown on his WD AGO Form 53-55.

12.  Army Regulation 600-8-22 states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal, to include the European-African-Middle Eastern Campaign Medal.

13.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Register) shows that while the applicant was assigned to the 5th Infantry Regiment, this unit was awarded occupation credit for the period       2 May - 31 October 1945 for Germany.

14.  Army Regulation 600-8-22 states that for award of the Army of Occupation Medal with Germany Clasp qualifying service must have occurred between         9 May 1945 and 5 May 1955.  Service between 9 May 1945 and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the CIB and all awards for which he is entitled should be added to his records was carefully considered and was found to have merit.

2.  The evidence of record shows the applicant was authorized wear of the European-African-Middle Eastern Campaign Medal and based on his campaign credit he is authorized wear of two bronze service stars on this medal.

3.  The applicant's unit was awarded occupation credit, and therefore he is authorized the Army of Occupation Medal with Germany Clasp and is entitled to correction of his records to show this award.

4.  The applicant's Final Payment – Work Sheet shows he received combat infantry pay during the period 1 December 1945 through 31 March 1946 while assigned to the 5th Infantry Regiment, 71st Infantry Division.  Therefore, he should be awarded the Combat Infantryman Badge.  Based on the award of the Combat Infantryman Badge, the applicant is entitled to award of the Bronze Star Medal.  Based on the foregoing, the applicant is entitled to correction of his records to show award of the Combat Infantryman Badge and the Bronze Star Medal.

4.  The evidence of record shows the applicant participated in the Central Europe and Rhineland campaigns.  Therefore, he is entitled to wear the European-African-Middle Eastern Campaign Medal with two bronze service stars.

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:

	a.  awarding him the Combat Infantryman Badge,

   b.  awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge, and

	c.  adding the following awards to his WD AGO Form 53-55:

* Bronze Star Medal
* Army of Occupation Medal with Germany Clasp


* two bronze service stars for wear on his European-African-Middle Eastern Campaign Medal
* Combat Infantryman Badge



      _______ _  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)                                         AR20110000053



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ABCMR Record of Proceedings (cont)                                         AR20110000053



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