IN THE CASE OF:	  

		BOARD DATE:	  29 March 2012

		DOCKET NUMBER:  AR20110019601 


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, as the grandson of the deceased former service member (FSM), requests correction of the FSM’s WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show award of the Combat Infantryman Badge, Marksman Marksmanship Qualification Badge, and Bronze Star Medal (handwritten entry on WD AGO Form 53-55).

2.  The applicant states the FSM:

* completed 4 months of basic training and 8 months extra training
* was assigned to an armored infantry battalion
* was wounded in action on 13 January 1945 in Belgium
* participated in the Ardennes campaign

3.  The applicant provides:

* WD AGO 53-55 with Honorable Discharge Certificate 
* WD AGO Form 100 (Separation Qualification Record) (the copy of this document is torn and entries are incomplete)
* Death certificates
* Birth Certificate
* Social security card
* Driver license



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 FSM’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 the FSM’s 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.  The FSM was inducted into the Army of the United States and entered active service on 18 April 1944.  He was discharged on 1 November 1945.  

4.  His WD AGO Form 53-55 shows in:

* item 4 (Arm or Service), the entry “Armd Inf” (Armored Infantry)
* item 6 (Organization), he was assigned to Company B, 44th Armored Infantry Battalion
* item 30 (Military Occupational Specialty (MOS) and Number), the entry “Rifleman 745”
* item 31 (Military Qualification and date (i.e. infantry, aviation, and marksmanship badges, etc.), the entry “None”  
* item 32 (Battles and Campaigns), the Ardennes campaign
* item 33 (Decorations and Citations), the Purple Heart and European-African-Middle Eastern Campaign Medal with one battle star (currently known as bronze service star)
* item 34 (Wounds Received in Action), he was wounded on 13 January 1945 in Belgium
* item 36 (Service Outside Continental U.S. and Return), he arrived in the European Theater of Operations (ETO) on 29 December 1944 and departed on 3 March 1945
* item 55 (Remarks), award of the World War II Victory Medal
5.  His WD AGO Form 100 shows he completed 4 months of basic training and 8 months of training as a rifleman in MOS 745.  The Summary of Military Occupations section of this document shows he fought in unfamiliar terrain and under combat conditions.  In addition, this section of the document shows the entry “rifle.”  There is no indication he qualified as marksman with a weapon or was awarded the Marksman Marksmanship Qualification Badge.

6.  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 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)

7.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

8.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions regarding the FSM’s entitlement to award of the Combat Infantryman Badge have been carefully reviewed and there is sufficient evidence on which to grant the relief requested.  

2.  The FSM’s WD AGO Form 53-55 shows his branch as Armored Infantry and he was wounded on 13 January 1945.  His WD AGO Form 100 shows he served 8 months as a rifleman.  In addition, he was assigned to Company B, 44th Armored Infantry Battalion and was wounded in action while in the European Theater of Operations.  This evidence is accepted as a sufficient basis for award of the Combat Infantryman Badge.  Therefore, the FSM’s records should be corrected to show award of the Combat Infantryman Badge.

3.  Based on award of the Combat Infantryman Badge as cited in paragraph 2, above, the FSM is also authorized award of the Bronze Star Medal.

4.  His service record is void of orders which show he was awarded a Marksman Marksmanship Qualification Badge.  No evidence is available which shows he qualified as a marksman with a weapon.  Therefore, there is no basis for amending his WD AGO Form 53-55 to show the Marksman Marksmanship Qualification Badge.  

BOARD VOTE:

____X____  ___X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  Notwithstanding the staff DISCUSSIONS AND CONCLUSIONS above, the Board unanimously determined during their review that the available evidence was sufficient to warrant a recommendation for full relief.  The available evidence establishes that the applicant served in MOS 745 as a rifleman and he served in an Armored Infantry Battalion while in combat.  It can be reasonably inferred that the applicant was qualified as a marksman on the rifle.  His primary MOS was MOS 745 (Rifleman) and he had to qualify in order to obtain and maintain the MOS.  Therefore, his WD AGO Form 53-55 should be corrected to show award of the Marksman Marksmanship Qualification Badge with Rifle Bar.

2.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  issuing him orders for award of the Combat Infantryman Badge, dated 
13 January 1945, the date he was wounded in action;

	b.  issuing him orders for award of the Bronze Star Medal, dated 
13 January 1945, based on award of the Combat Infantryman Badge; and 

   c.  amending his WD AGO Form 53-55 to show award of the Bronze Star Medal, Combat Infantryman Badge, and Marksman Marksmanship Qualification Badge with Rifle Bar.  



      _______ _   __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)                                         AR20110019601



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ABCMR Record of Proceedings (cont)                                         AR20110019601



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