IN THE CASE OF:
BOARD DATE: 13 March 2012
DOCKET NUMBER: AR20110015908
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 that the Combat Infantryman Badge (CIB) be added to his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge). He also requests addition of the Expert Infantryman Badge and Purple Heart to his WD AGO Form 53-55.
2. The applicant states he was awarded the CIB and later granted a disability as a result of his war wounds.
3. The applicant provides a copy of his WD AGO Form 53-55, correspondence relating to his disability, a letter to the National Personnel Records Center, and a buddy's email saying the applicant was in the 407th Infantry Regiment.
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 requests the addition of the Expert Infantryman Badge and the Purple Heart to his WD AGO Form 53-55; however, these awards are already shown in item 33 (Decorations and Citations) of his WD AGO Form 53-55. Therefore, they will not be further addressed is this Record of Proceedings.
3. The applicant's complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. His records were destroyed, lost, or seriously damaged in that fire. However, sufficient documents are available to conduct a fair and impartial review of this case.
4. The applicant enlisted on 10 December 1942. He entered active duty on 22 April 1943. He completed training as an infantryman and served in Europe from 24 September 1944 to 18 August 1945 and earned campaign credit for the Ardennes-Alsace and the Rhineland campaigns. He was wounded on
4 November 1944.
5. He was separated from active duty with an honorable discharge on 23 November 1945. He was awarded the American Service Medal, World War II Victory Medal, European-African-Middle Eastern Service Medal, Good Conduct Medal, the Purple Heart, Expert Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Rifle and Carbine Bars.
6. The applicant's Final Payment Work Sheet shows that he was paid expert infantry pay but not combat infantry pay.
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.
DISCUSSION AND CONCLUSIONS:
1. The applicant was paid expert infantry pay as part of his final military pay.
2. There is no available evidence that the applicant was awarded the Combat Infantryman Badge. Although he was wounded there is no evidence that this occurred while he was serving as an infantryman with an infantry unit of brigade or smaller size nor would that have necessarily resulted in award of the Combat Infantryman Badge.
3. In view of the foregoing there is an insufficient basis for granting the applicant's 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) AR20110015908
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ABCMR Record of Proceedings (cont) AR20110015908
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