IN THE CASE OF:	  

		BOARD DATE:	  20 December 2011

		DOCKET NUMBER:  AR20110010331 


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, through his Senate representative, award of the Combat Infantryman Badge (CIB) and correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show this award.

2.  The applicant states, in effect, he was denied before for the badge but he is submitting new paperwork.

3.  The applicant provides:

* A letter from his Senate representative, dated 26 April 2011
* A letter to him from the Cape May County Veterans' Bureau, dated 13 March 1995
* A DA Form 1577 (Authorization for Issuance of Awards), dated 13 August 1968
* An Honorable Discharge Certificate, dated 9 January 1946
* His WD AGO Form 53-55, dated 9 January 1946

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 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 to conduct a fair and impartial review of this case.

3.  He was inducted into the Army of the United States on 27 April 1943 and he entered active service on 4 May 1943.  He was awarded military occupational specialty (MOS) 7745 (truck driver light).

4.  The applicant arrived in the Pacific Theater of Operations (PTO) on 14 January 1944.  He departed the PTO en route to the United States on 
5 December 1945.

5.  On 9 January 1946, the applicant was honorably discharged for the convenience of the government by reason of demobilization.  He completed
7 months 18 days of continental United States service and 2 years and 18 days of foreign service.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows the:

* Asiatic-Pacific Service Medal
* Army Good Conduct Medal
* Philippine Liberation Ribbon
* World War II Victory Medal

6.  There are no orders in the available records awarding him the CIB.

7.  The applicant submitted a DA Form 1577, issued by the Office of The Adjutant General, Washington, D.C., dated 13 August 1968, that shows he was authorized issuance of the same awards shown on his WD AGO Form 53-55, in addition to the Bronze Star Medal.

8.  There is a typed entry on the DA Form 1577 that states "The Bronze Star Medal based on the award of the Combat Infantryman Badge."

9.  Army Regulation 600-70 (Badges), in effect at the time, stated the CIB was authorized for award to an infantry officer, warrant officer, or enlisted man who satisfactorily performed duty while assigned as a member of an infantry regiment or infantry battalion during any period such unit was engaged in active ground combat.

10.  War Department Circular 269-1943 established the CIB to recognize and provide an incentive to infantrymen.  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, World War II holders of the CIB received a monthly pay supplement known as combat 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, (USAHRC) has advised in similar cases that, during World War II, the CIB was normally awarded only to enlisted individuals who served in the following positions:

	a.  Light machine gunner (604)
	b.  Heavy machine gunner (605)
	c.  Platoon sergeant (651)
	d.  Squad leader (653)
	e.  Rifleman (745)
	f.  Automatic rifleman (746)
	g.  Heavy weapons NCO (812)
	h.  Gun crewman (864)

11.  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.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting documents have been considered.
2.  Although the applicant was assigned to an infantry unit, there is no evidence of record and he did not provide any evidence that shows he held an infantry MOS and that he satisfactorily performed such duties while assigned as a member of an infantry regiment or infantry battalion during any period such unit was engaged in active ground combat.

3.  Additionally, the DA Form 1577 the applicant provided indicates he was authorized the Bronze Star Medal based on award of the CIB; however, there is no evidence he was awarded the CIB.  There are no orders in the available record, nor has the applicant submitted any showing he was awarded either the CIB or the Bronze Star Medal.  In the absence of evidence to the contrary, he is not entitled to the CIB.

4.  The applicant and all others should know that the sacrifices he made in service to the United States during World War II are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.



      ___________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)                                         AR20110010331



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ABCMR Record of Proceedings (cont)                                         AR20110010331



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