BOARD DATE:	  26 April 2012

		DOCKET NUMBER:  AR20110018588 


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

2.  The applicant states he served as a light machine gunner with Company I, 109th Infantry Regiment, 28th Infantry Division.  After returning from the European-African-Middle Eastern (EAME) theater of operations he trained other Soldiers to be machine gunners.

3.  The applicant provides a copy of his 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 National Personnel Records Center in 1973.  It is believed that his 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 in Fort Leavenworth, KS on 28 August 1944.  This form also shows he held military occupational specialty (MOS) 604 (Light Machine Gunner) and he was assigned to Company I, 109th Infantry Regiment, 28th Infantry Division, at the time of separation.

4.  His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 8 January 1945 and arrived in the EAME theater of operations on 12 January 1945.  He departed on 28 July 1945 and arrived back in CONUS on 
4 August 1945.

5.  He completed 1 year and 18 days of continental service and 6 months, and
27 days of foreign service.  He was honorably discharged on 12 April 1946.

6.  Item 31 of his WD AGO Form 53-55 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.

7.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Rhineland and Central Europe campaigns during WWII.

8.  Item 33 of his WD AGO Form 53-55 shows the American Theater Ribbon, EAME Campaign Medal, Army Good Conduct Medal, and "Victory Ribbon."

9.  His WD Form 372A (Final Payment Worksheet) for the period ending April 1946 shows he received $4.00 in "Combat Infantry Pay" for the period 1 April through 12 April 1946.

10.  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, WWII 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.  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.  The Military Awards Branch of the U.S. Army Human Resources Command has advised in similar cases that during WWII 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 noncommissioned officer (812)
* gun crewman (864)

11.  Army Regulation 600-8-22 (Military Awards) provides:

   a.  The Bronze Star Medal is awarded to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.

   b.  That a bronze service star is authorized based on qualifying service for each campaign listed in appendix B of this regulation.  It states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the EAME Campaign Medal.
	
	c.  The Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility.  For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the EAME Campaign Medal must have been awarded prior to 9 May 1945.

   d.  The WWII Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.
12.  War Department Circular Number 408, dated 17 October 1944, provides for awards of the Expert and Combat Infantryman Badge.  It states, in pertinent part, that Public Law 503, approved on 30 June 1944, provided that during the present war, WWII, and for 6 months thereafter, any enlisted man of the combat ground forces of the Army who are entitled under regulations to wear the Combat Infantryman Badge shall be paid additional compensation.

13.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to the 109th Infantry Regiment, 28th Infantry Division, the unit was cited with occupation credit for Germany for the period 2 May to 5 July 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the award of the Combat Infantryman Badge.

2.  The evidence of record shows he held an infantry MOS and he was assigned to an Infantry Regiment during his service in WWII.  Additionally, his final pay worksheet shows he received a combat pay supplement shown as "Combat Infantry Pay" for the period 1 April 1946 through 12 April 1946.  Therefore, there is sufficient evidence to show he is entitled to award of the Combat Infantryman Badge and correction of his WD AGO Form 53-55 to show this award.

3.  Records show he served a qualifying period of service for award of the Bronze Star Medal based upon award of the Combat Infantryman Badge.  Therefore, he is entitled to correction of his records to show this medal.

4.  The evidence also shows he is entitled to the Army of Occupation Medal with Germany Clasp, and the WWII Victory Medal, instead of the "Victory Medal."

5.  His records show he was awarded the EAME Campaign Medal.  Furthermore, his records show he participated in two campaigns during his service in WWII.  Therefore, he is entitled to award of two bronze service stars to be affixed to his EAME Campaign Medal.



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 of the individual concerned be corrected by:

   a.  deleting from item 33 of his WD AGO Form 53-55 the EAME Campaign Medal and "Victory Medal";

	b.  awarding him the Combat Infantryman Badge and the Bronze Star Medal based upon award of the Combat Infantryman Badge;

	c.  adding to item 31 of his WD AGO Form 53-55 the Combat Infantryman Badge; and
   
   d.  adding to item 33 of his WD AGO Form 53-55 the Bronze Star Medal, Army of Occupation Medal with Germany Clasp, World War II Victory Medal, and EAME Campaign Medal with two bronze service stars.



      _______ _   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)                                         AR20110018588



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ABCMR Record of Proceedings (cont)                                         AR20110018588



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