IN THE CASE OF:	  

		BOARD DATE:	  18 October 2011

		DOCKET NUMBER:  AR20110008446


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 Belgian Fourragere
* Combat Infantryman Badge
* all other U.S. and allied unit and individual awards authorized

2.  The applicant states:

	a.  he was assigned to the 136th Anti-Aircraft Artillery (AAA) Gun Battalion during World War II (WWII).  The unit provided air defense against the German V1 and V2 rockets for the city of Antwerp, Belgium, and was cited twice in the Belgian Army's Order of the Day.

	b.  he believes he is entitled to the Combat Infantryman Badge due to his enlisted infantry training and his actively engaging the enemy.

3.  The applicant provides numerous historical documents and:

* his WD AGO Form 53-98 (Military Record and Report of Separation)
* his enlisted record of service



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 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.  The available records show the applicant was inducted into the Army of the United States on 26 January 1942 at Fort Devens, MA.  He underwent basic combat training (BCT) afforded all new enlisted Soldiers.  Upon completion, he was identified for attendance at Officer Candidate School (OCS).  He attended and completed Anti-Aircraft Artillery OCS and was honorably discharged in the rank of Corporal on 30 July 1942 in order to accept a commission.

4.  The applicant was appointed as a Second Lieutenant on 31 July 1942 and entered active duty that date.  His WD AGO Form 53-98 shows:

* he departed for the European Theater of Operations (ETO) on 26 July 1944
* he arrived in the ETO on 6 August 1944
* he was assigned to Battery C, 136th AAA Gun Battalion
* he received campaign participation credit for:

* Northern France
* Rhineland
* Ardennes
* Central Europe


* he departed the ETO on 3 December 1945
* he arrived in the United States on 11 December 1945
* he was honorably separated at Fort Devens on 21 February 1946
* he was separated as a Captain
* his awards and decorations included:

* the American Campaign Medal
* the European-African-Middle Eastern Campaign Medal
* the World War II Victory Medal

5.  War Department Circular Number 408, dated 17 October 1944 and effective 1 November 1944, restricted award of the Combat Infantryman Badge 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 Combat Infantryman Badge by satisfactory performance of duty in ground combat against the enemy.  Announcement of the award of the Combat Infantryman Badge would be made in regimental or unit orders.

6.  Army Regulation 600-8-22 (Military Awards) 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.  

7.  Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal, including the European-African-Middle Eastern Campaign Medal.

8.  Army Regulation 600-8-22 provides for award of the Belgian Fourragere.  The Belgian Government may be awarded when a unit has been cited twice in the Order of the Day of the Belgian Army.  The award of the Belgian Fourragere is not automatic but must be by special decree of the Belgian Government.  Persons who were present in only one action are not authorized to wear the Fourragere.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in WWII and the Korean War.  This pamphlet shows the 136th AAA Gun Battalion was twice cited for award of the Belgian Fourragere for the periods 25 October to 


28 November 1944 and for 16 December 1944 by Department of the Army General Order Number 43, dated 1950.

10.  Department of the Army Pamphlet 672-1 also shows the applicant's unit received occupation credit for duty in Germany from 20 May to 31 October 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of:

* the Belgian Fourragere
* Combat Infantryman Badge
* all other U.S. and allied unit and individual awards authorized

2.  The applicant's unit was cited twice for award of the Belgian Fourragere.  He is therefore authorized to wear a ribbon, fourragere, medal, or other device and an entry should be made on his WD AGO Form 53-98 to show this citation.

3.  The applicant's unit received occupation credit for Germany.  He is entitled to award of the Army of Occupation Medal with Germany Clasp.

4.  The applicant participated in 4 campaigns and is entitled to wear 4 bronze service stars [called battle stars during WWII] on his European-African-Middle Eastern Campaign Medal.

5.  The applicant's request for award of the Combat Infantryman Badge was carefully considered; however, it must be denied.  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 the basic infantry duties that all Soldiers are taught, but it is not a basis for the award of the Combat Infantryman Badge.  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 Combat Infantryman Badge, the criteria for award has changed little over the years.  The applicant was never an infantryman and never served in combat as an infantryman assigned to an infantry unit.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

* deleting from his WD AGO Form 53-98 the European-African-Middle Eastern Campaign Medal
* adding to his WD AGO Form 53-98:

* the Army of Occupation Medal with Germany Clasp
* the European-African-Middle Eastern Campaign Medal with 4 bronze service stars
* the entry "BELGIAN FOURRAGERE – UNIT CITATION –EMBLEM AUTHORIZED"

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Combat Infantryman Badge.

3.  The Board wants the applicant and all others concerned to know that this action to deny the Combat Infantryman Badge in no way diminishes the sacrifices made by the applicant 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)                                         AR20110008446





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ABCMR Record of Proceedings (cont)                                         AR20110008446



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