IN THE CASE OF:
BOARD DATE: 20 December 2011
DOCKET NUMBER: AR20110013659
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 correction of his WD AGO Form 53-55 (Honorable Discharge) to show the Combat Infantryman Badge (CIB).
2. The applicant states, in effect, he served in Germany during World War II (WWII) as a heavy machine gunner in combat. He earned the CIB and it was left off his WD AGO Form 53-55. He believes his request should be favorably considered because he earned the CIB and it is the right thing to do.
3. The applicant did not provide any evidence.
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 applicants 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 applicants 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 complete 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 his 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. His available records show he was inducted into the Army of the United States in New York City, NY, on 26 November 1943 and he entered active duty on 17 December 1943. He held military occupational specialty (MOS) 605 (Heavy Machine Gunner). The highest rank he held was private first class/E-3. He received an honorable discharge on 1 August 1945.
4. Item 31 (Military Qualifications and Date) of his WD AGO Form 53-55 shows the Expert Infantryman Badge. This item would also list the CIB, if it was awarded to him or if it was authorized.
5. Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the "German Campaign" during his service in WWII.
6. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he was awarded the European African Middle Eastern Campaign Medal with one bronze service star.
7. Item 36 (Foreign Service) of his WD AGO Form 24 (Service Records) shows he served in the European Theater of Operations (ETO) and Continental United States:
* departed continental United States (CONUS) on 15 November 1944 and arrived in ETO on 26 November 1944
* departed ETO on 25 April 1945 and arrived in CONUS on 11 May 1945
8. His WD Form 372A (Final Payment Worksheet), dated 17 November 1945, does not show he was authorized any combat infantry pay. He was however authorized expert infantry pay.
9. Army Regulation 600-8-22 states 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.
DISCUSSION AND CONCLUSIONS:
1. 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.
2. His records show he was serving in an infantry MOS and was assigned to an infantry unit. However, there is no evidence his unit was engaged in active ground combat or that he actively participated in ground combat while assigned to that unit.
3. Regrettably, there is no evidence in his available military record and the applicant provided insufficient evidence to show he was awarded the CIB during his service in World War II.
4. In view of the foregoing, there is no basis for granting the applicant's requested relief.
5. This action in no way diminishes the sacrifices made by the applicant during World War II, his contributions 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) AR20110013659
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ABCMR Record of Proceedings (cont) AR20110013659
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