IN THE CASE OF:	  

		BOARD DATE:	  11 October 2011

		DOCKET NUMBER:  AR20110008226 


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 that he be awarded the Combat Infantryman Badge (CIB).

2.  The applicant states he served with Headquarters, 1st Battalion, 354th Infantry Regiment, 89th Infantry Division, from March through October 1945 and he was involved in direct combat with the enemy at Bad Schwalbach.  He goes on to state that he did not have enough points to return home immediately and he was assigned to the 83rd Infantry when he was discharged. 

3.  The applicant provides incomplete historical documents related to his unit.

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 for World War II (WWII) are not available for review.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant was born on 12 April 1925 and was inducted into the Army of the United States (AUS) on 17 June 1943.  He entered active duty on 1 July 1943 in Seattle, Washington and completed his training as a light truck driver before being transferred to the European Theater of Operations.  He participated in the Central Europe Campaign and served 2 years, 1 month, and 17 days of foreign service.  He departed the theater on 18 March 1946. 

4.  On 4 April 1946, he was honorably discharged at Fort Lewis, Washington and his WD AGO Form 53-55 (Enlisted Record and Report of Service – Honorable Discharge) shows he was awarded the American Theater Service Ribbon, Good Conduct Medal, WWII Victory Medal, and European-African-Middle Eastern Service Ribbon.

5.  In 1960 the applicant enlisted in the Air National Guard.  He also served in Army National Guard and U.S. Army Reserve units until he was placed on the AUS Retired List on 12 April 1985 in the retired grade of first sergeant/E-8.

6.  All Soldiers are provided basic combat skills training after they enter the Army. This is provided to ensure that all Soldiers have the survival skills to perform basic infantry missions when the need arises.  The exigencies of combat may require non-infantry Soldiers to temporarily perform basic infantry duties that all Soldiers are taught; but it is not a basis for award of the CIB.

7.  No other Soldier in combat is more exposed on a daily basis to the dangers and hardships of war and no other branch of the service suffers more casualties than the infantry.  To maintain the prestige, uniqueness, and traditional value of the CIB, the criteria for the award has changed little over the years.

8.  Army Regulation 600-8-22 (Military Awards) states the CIB was established during WWII to provide special recognition of the unique role of the Army infantryman, the only Soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain.  The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen.  In developing the CIB, the War Department did not dismiss or ignore the contributions of other branches.  Their vital contributions to the overall 

war effort were noted, but it was decided that other awards and decorations were sufficient to recognize their contributions.  From the beginning, Army leadership has taken care to retain the badge for the unique purpose for which it was established.  The War Department received requests to award the CIB to non-infantry individuals and units employed as infantry during tactical emergencies.  All of those requests were disapproved based on the fact that the regular infantryman lived, slept, ate, and fought as an infantryman on a continuous and indefinite basis without regard to the tactical situation. 

9.  War Department Circular 269-1943 established the CIB 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 CIB was awarded for exemplary conduct in action against the enemy.  War Department Circular 186-1944 further provided that the CIB was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.  Additionally, WWII holders of the CIB 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 this award.  The Military Awards Branch of the U.S. Army Human Resources Command has advised in similar cases that, during WWII, the CIB 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 NCO (812)
* Gun crewman (864)

10.  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.


11.  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.  

12.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that he was assigned to an infantry unit and engaged the enemy during WWII is not in doubt, there is no evidence to show he was an infantryman at the time.

2.  It is recognized that all Soldiers are taught basic combat skills and there may be occasions where non-infantry Soldiers may have to use those skills for survival at some point during their service.  However, the use of those skills does not constitute entitlement to award of the CIB. 

3.  The available evidence shows the applicant was a light vehicle driver during his WWII service and absent sufficient evidence to show otherwise, there appears to be no basis to award him the CIB without evidence to show that he was serving as an infantryman and was receiving combat infantry pay.

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 that 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 that this action in no way diminishes the sacrifices made by the applicant in service to the United States during WWII.  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)                                         AR20110008226



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ABCMR Record of Proceedings (cont)                                         AR20110008226



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