IN THE CASE OF:	  

		BOARD DATE:  21 February 2012

		DOCKET NUMBER:  AR20110017315 


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 record to show the Combat Infantryman Badge (CIB) and Bronze Star Medal (BSM).

2.  The applicant states:

   a.  he qualified for the CIB, however it was never awarded to him or documented in his military record;
   
   b.  he needs the CIB added to his record to qualify for the BSM;
   
   c.  while assigned in the European Theater with 7th Corps, Army Combat Engineers, he was in continuous combat ahead of the infantry troops from June 1944 until May 1945; 
   
   d.  he was on the only ship (Susan B. Anthony) that sunk on D-Day;
   
   e.  his headphone cord was shot off below his chin during the breakthrough at Marigny;
   
   f.  he was among the Soldiers in the liberation of the concentration camp at Nordhausen, Germany in April 1945; and
   
   g.  he received numerous campaign ribbons and medals but would be honored to receive the CIB which would also entitle him to the BSM.
   
3.  The applicant provides:

* self-authored statement
* WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge)
* Letter of commendation dated 11 June 1946
* two Xeroxed photographs

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 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 (NPRC) in 1973.  It is believed 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.  This case is being considered using reconstructed records, which primarily consist of the applicant's WD AGO Form 372A (Final Pay Record) and the WD AGO Form 53-55 he provides.

3.  The WD AGO Form 53-55 issued to the applicant at the time of his discharge shows he enlisted in the Enlisted Reserve Corps on 15 December 1942 and entered active duty on 16 March 1943.  It also confirms he served continuously on active duty until he was honorably separated on 19 December 1945, having completed 3 years and 5 days of creditable active service.

4.  The WD AGO Form 53-55 includes the following entries in the items indicated:

* item 4 (Organization) - H/S 294th Engineer Company
* item 30 (Military Occupational Specialty and No.) – Radio Operator Intermediate Speed - 742
* item 31 (Military Qualifications and Date) – Marksman Marksmanship Qualification Badge with Rifle [M1] Bar
* item 56 (Signature of Person Being Separated) – contains the applicant's signature

5.  This WD AGO Form 53-55 shows the applicant served in the European theater of operations from 30 January 1944 through 4 December 1945, and that he participated in the Normandy, Northern France, Ardennes, Rhineland, and Central Europe campaigns.  It also shows he earned the following awards:

* European African Middle Eastern Middle Campaign Medal
* Army Good Conduct Medal
* World War II Victory Medal
* American Theater Ribbon
* Army Lapel Button

6.  The applicant's final pay worksheet, which was prepared during his separation processing, does not show he received combat infantry pay during the period 1 November 1945 through 14 December 1945.  

7.  There are no available documents in the applicant’s record to show that he served in or was awarded any MOS other than “742”, or that shows he was ever awarded or recommended for the CIB or BSM.

8.  The applicant provides a Commendation Letter issued to the Commanding Officer, 294the Engineer Combat Battalion, on 11 June 1946.  It shows all Soldiers assigned to the VII Corps Engineer units were commended for a splendid job well done throughout their European campaigns of participation

9.  The applicant provides a photograph depicting the radio connection shot off and fused from his chin as previously indicated.  He also provides a photograph showing a concentration camp at Nordhausen, Germany.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 3-13d (2) of the awards regulation states that the BSM is authorized to members of the Armed Forces of the United States who, after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945.

11.  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.  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.  Army Regulation 672-5-1 provides, that World War II holders of the Combat Infantryman Badge are entitled to an award of the Bronze Star Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he met the regulatory criteria for the award of the CIB and BSM.

2.  The evidence confirms the applicant held MOS 742 and served as a radio operator during his tenure on active duty.  It also shows and he affirms he was assigned to an engineer company during his service in the ETO.  He did not hold an infantry MOS or serve in a qualifying infantry unit while he was engaged in active ground combat against the enemy.  Accordingly, the regulatory criteria necessary for award of the CIB has not been satisfied.

3.  The available evidence in this case is void of any orders or other documents that indicate the FSM was ever recommended for or awarded the BSM by proper authority while serving on active duty, or that he was ever cited in orders for the CIB or received a certificate for exemplary conduct in ground combat against an armed enemy during World War II.  Therefore, absent any evidence confirming his eligibility for the BSM based upon the award of the CIB, the regulatory criteria necessary to support award of the BSM has not been satisfied in this case and it would not be appropriate or serve the interest of all those who served during World War II and who faced similar circumstances to grant the requested relief in this case.

4.  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)                                         AR20110017315





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110017315



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1