IN THE CASE OF:  

		BOARD DATE:  15 December 2011

		DOCKET NUMBER:  AR20110012859 


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 his the records corrected to show award of the Combat Infantryman Badge for his service in World War II (WWII).

2.  The applicant states his records omit the fact he was awarded the Combat Infantryman Badge.  He was in combat with Company L, 304th Infantry Regiment, 76th Division.  He requests the award be recorded in his records. 

3.  The applicant provides:

* general orders awarding him the Bronze Star Medal
* listing of Soldiers in his unit
* two copies of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge
* Honorable Discharge Certificate

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 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.  His WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active duty on 10 February 1944.  This form also shows at the time of his separation, the FSM held the MOS of Military Policeman (677).  The highest grade he held was private first class.

4.  His WD AGO Form 53-55 also shows he departed the United States on 
24 November 1944, and arrived in the European theater of operations on
4 December 1944.  He departed the European theater of operations on 3 March 1946, and arrived back in the continental United States on 11 Mach 1946.

5.  The applicant completed 9 months and 21 days of continental service and 1 year, 3 months, and 18 days of foreign service.  He was honorably separated on 18 March 1946.

6.  His WD AGO Form 53-55 shows in:

	a.  item 31 (Military Qualification and Date) Combat Infantryman,

	b.  Item 32 (Battles and Campaigns) of the FSM's shows he participated in the Ardennes, Rhineland, and Central Europe campaigns; and  

	c.  Item 33 (Decorations and Citations) of the FSM's WD AGO Form 53-55 shows he was awarded the WWII Victory Ribbon, Good Conduct Medal, European-African-Middle Eastern Campaign Medal (EAME) Theater Ribbon with three bronze service stars, and the Bronze Star Medal.

7.  The applicant submitted a copy of General Orders 96, Headquarters, 76th Infantry Division, dated 5 July 1945, which announced he was awarded the Bronze Star Medal.  The citation reads, in part, that the applicant, while an infantry member of Company L, 304th Infantry Regiment, distinguished himself by heroic achievement in connection with military operations against an enemy of the United States in Germany on 1 April 1945.  While advancing upon the town of Stoinfischbach, Company L was fired upon by the enemy from a nearby woods.  The applicant continued to advance through the woods with his squad until they encountered heavy machinegun fire and were temporarily held up.  The applicant crept to a point from which he could fire upon the enemy gunners.  He killed one member of the crew and forced the other two to surrender.
 
8.  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.

9.  Army Regulation 600-8-22 states:

	a.  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:

	b.  that 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 available evidence shows the applicant is qualified for award of the Combat Infantryman Badge.  His Bronze Star Medal award citation shows he was an infantryman, assigned to an infantry company, and actively engaged in combat against an enemy of the United States.  The applicant's WD AGO Form 53-55 shows he was qualified for the Combat Infantryman Badge. 

2.  The applicant is also entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge and correction of his WD AGO Form 53-55 to show this award.

3.  In view of the above, the applicant's WD AGO Form 53-55 should be corrected to show he received the Combat Infantryman Badge and the Bronze Star Medal (Bronze Oak Leaf Cluster).

BOARD VOTE:

____X____  ____X____  ___X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records, in particular the WD AGO Form 53-55, of the individual concerned be corrected by:

	a.  deleting from Item 31 (Military Qualification and Date) Combat Infantryman and replacing the entry with Combat Infantryman Badge; and 

	b.  awarding him the Bronze Star Medal (Bronze Oak Leaf Cluster) based on award of the Combat Infantryman Badge; and adding it to item 33 of his WD AGO Form 53-55.




      ____________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)                                         AR20110012859



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