IN THE CASE OF:	  

		BOARD DATE:	  16 February 2012

		DOCKET NUMBER:  AR20110014611 


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 military records to show award of the Combat Infantryman Badge (CIB) for service during World War II.

2.  The applicant states he was wounded on 4 October 1944 and spent several months in the hospital in England.  He asked the clerk to check on his CIB but it was futile.  He never received the CIB but still wants it.

3.  The applicant provides copies of his 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 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 are sufficient documents available to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows he:

	a.  was inducted into the Army of the U.S. on 8 November 1943 and entered active duty on 30 November 1943;

	b.  was assigned for duty with the 38th Armored Infantry Battalion, 7th Armored Division;

	c.  was assigned for duty in the European Theater of Operations (ETO) on 
26 August 1944;

	d.  was awarded military occupational specialty (MOS) 014 (Automotive Mechanic);

	e.  participated in the Rhineland campaign;

	f.  was awarded the American Theater Service Medal, European, African, Middle-Eastern Campaign Medal, Good Conduct Medal, Purple Heart, World War II Victory Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Lapel Button;

	g.  was wounded in Holland on 4 October 1944; and

	h.  was honorably discharged on 12 May 1946.

4.  The Office of the Surgeon General files (commonly referred to as the SGO files), a health record research project, involved transposing hospital admission card data for the period of World War II onto magnetic tape.  Those records for 1944-45 show that he applicant was admitted for combat wounds received on 
4 October 1944 from an artillery shell or other unspecified blast.  He was hospitalized for approximately 3 1/2 months.

5.  The applicant's final payment work sheet does not indicate he received combat infantryman pay or expert infantryman pay.


6.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge was established during World War II to provide special recognition of the unique role of the Army infantryman, the only Soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain.  The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen.  In developing the Combat Infantryman Badge, the War Department did not dismiss or ignore the contributions of other branches.  Their vital contributions to the overall war effort were noted, but it was decided that other awards and decorations were sufficient to recognize their contributions.  From the beginning, Army leadership has taken care to retain the badge for the unique purpose for which it was established.  The War Department received requests to award the Combat Infantryman Badge to non-infantry individuals and units employed as infantry during tactical emergencies.  All of those requests were disapproved based on the fact that the regular infantryman lived, slept, ate, and fought as an infantryman on a continuous and indefinite basis without regard to the tactical situation.

7.  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 by 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.  Additionally, World War II 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.  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 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 NCO (812)
* Gun crewman (864)
8.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show award of the CIB for his combat service during World War II.  He argues that his wounding while in combat qualified him for this badge.

2.  There is no available evidence showing that that the applicant was awarded the CIB, or that any such action had been announced in regimental or unit orders.

3.  The available evidence indicates that the applicant was assigned to an armored infantry battalion; however, he did not hold a qualifying infantry MOS.  Furthermore, the circumstances surrounding is being wounded are not contained in the available records.  Therefore, it cannot be determined that he was wounded while in actual ground combat with the enemy.

4.  In view of the above, the applicant's request should be denied.

5.  This action 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 their 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)                                         AR20110014611





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ABCMR Record of Proceedings (cont)                                         AR20110014611



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