IN THE CASE OF:

		BOARD DATE: 1 December 2011

		DOCKET NUMBER:  AR20110010708 


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 the records of his deceased father, a former service member (FSM), be corrected to show award of the Combat Infantryman Badge, and if possible the Bronze Star Medal for his service in World War II (WWII).

2.  The applicant states his father was an infantryman who was awarded the Expert Infantryman Badge and the European-African-Middle Eastern (EAME) Campaign Medal with three bronze service stars with arrowhead.  Due to the fire of 1973, the National Personnel Records Center (NPRC) is able to verify only these awards.  Due to his father's service in the European theater, his infantry military occupational specialty (MOS), and his award of three bronze arrowheads it is extremely likely that he was awarded the Combat Infantryman Badge.  The applicant asks that the Army officially award the badge to his father.  

3.  The applicant provides:

* letter from the NPRC, dated 30 June 2005
* New York State Department of Health Certificate of Death
* letter from the FSM's former commander, dated 3 January 1948
* WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge)

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 FSM's military records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed that the FSM's records were lost or destroyed in that fire.  However, there were sufficient documents available for the Board to conduct a fair and impartial review of this case.

3.  The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active duty on 7 April 1942.  This form also shows at the time of his separation, the FSM held the MOS of Motor Transportation Noncommissioned Officer (NCO).  The highest grade he held was staff sergeant.

4.  The FSM's WD AGO Form 53-55 also shows he departed the United States on 10 February 1944 and arrived in the European theater of operations on
26 February 1944.  He departed the European theater of operations on 18 April 1945 and arrived back in the continental United States on 24 April 1945.

5.  The FSM completed 1 year, 11 months, and 27 days of continental service and 1 year, 2 months, and 15 days of foreign service.  He was honorably separated on 18 June 1945 with a certificate of disability.

6.  Item 32 (Battles and Campaigns) of the FSM's WD AGO Form 53-55 shows he participated in the Normandy and Rhineland campaigns.  The other entry in this item is nearly unreadable, but is probably Northern France.

7.  Item 33 (Decorations and Citations) of the FSM's WD AGO Form 53-55 shows he was awarded the Expert Infantryman Badge, but the Combat Infantryman Badge is not listed.

8.  The applicant submitted the following documents:

	a.  a 30 June 2005 letter from the NPRC regarding the FSM's authorized medals.  The Combat Infantryman Badge is not listed.

	b.  a 3 January 1948 letter wherein the FSM's former commander states he searched his personal files and was unable to locate any evidence to support the FSM's effort to obtain a Bronze Star medal based on the fact he was awarded the Combat Infantryman Badge.  

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 Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or for 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.

10.  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)

11.  Army Regulation 600-8-22 (Military Awards) also provides for award of the Bronze Star Medal. The Bronze Star Medal is awarded to members of the Armed Forces who, after 6 December 1941 and prior to 3 September 1945, were 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 Combat 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.


DISCUSSION AND CONCLUSIONS:

1.  There are basically three requirements for award of the Combat Infantryman Badge.  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.  

2.  The FSM was awarded the Expert Infantryman Badge.  However, there is no evidence he qualified for the Combat Infantryman Badge.  His WD AGO Form 100 (Separation Qualification Record), which might have shown what duties he performed while in the theater, is not available.  His final pay worksheet, which might have shown he was paid combat infantryman pay, is not available.

3.  There is insufficient evidence on which to base awarding the FSM either the Combat Infantryman Badge or the Bronze Star Medal associated with the Combat Infantryman Badge.

4.  The FSM separated with a certificate of disability.  If the applicant has medical board records pertaining to the FSM’s separation with a certificate of disability, those records might contain a record of his service while in the European theater. If so, the applicant could request reconsideration with those records.

5.  In view of the foregoing, regrettably, the applicant is not entitled to the requested relief.

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)                                         AR20100010311



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ABCMR Record of Proceedings (cont)                                         AR20110010708



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