IN THE CASE OF:	  

		BOARD DATE:	  26 April 2012

		DOCKET NUMBER:  AR20110020803 


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 award of the Combat Infantryman Badge and the Bronze Star Medal.

2.  The applicant states he was wounded in ground combat while assigned to the 128th Infantry Regiment, 32nd Infantry Division, during World War II (WWII).  

3.  The applicant provides his WD AGO Form 53-98 (Military Record and Report of Separation - Certificate of Service).

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 the applicant'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 applicant's WD AGO Form 53-98 shows he entered active duty on 28 September 1943.  This form also shows at the time of separation, the applicant held specialty 7211 (Ship Maintenance and Repair Officer) and his Arm or Service was Transportation Corps.

4.  His WD AGO Form 53-98 shows he departed the continental United States (CONUS) on an unknown date and arrived in the Asiatic-Pacific Theater of Operations (APTO) on 28 September 1943.  He departed the APTO on 11 April 1945 and arrived in CONUS on 1 May 1945.

5.  He completed 6 months of continental service and 1 year, 7 months, and 4 days of foreign service.  He was honorably released from active duty at Fort McArthur, CA, on 31 October 1945.

6.  Item 28 (Battles and Campaigns) of his WD AGO Form 54-98 shows he participated in the Papua and the New Guinea campaigns during WWII.

7.  Item 29 (Decorations and Citations) of his WD AGO Form 53-98 shows the Asiatic-Pacific Theater Service Ribbon and the Purple Heart (General Orders Number 2, issued by Headquarters, 105th General Hospital in 1943).  

8.  Item 30 (Wounds Received in Action) of his WD AGO Form 53-98 shows he was wounded on 22 November 1942 in the APTO.

9.  The available evidence does not show the applicant held an infantry specialty or that he was assigned to an infantry unit during his service in WWII.

10.  The applicant's WD AGO Form 384 (Officer's Pay, Allowance, and Mileage Voucher), dated 24 September 1945, does not indicate he received a monthly pay supplement known as combat infantry pay and/or expert infantry pay.

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.

12.  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.

13.  Army Regulation 600-8-22 (Military Awards) provides for award of the Bronze Star Medal. The Bronze Star Medal is awarded to members of the Armed Forces who, after 6 December 1941 and prior to 3 September 1945, were 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 Combat 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected to show award of the Combat Infantryman Badge and the Bronze Star Medal was carefully considered; however, there is insufficient evidence to support his request.  

2.  With respect to the Combat Infantryman Badge, there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

3.  The applicant's WD AGO Form 53-98 shows his Arm or Service as Transportation Corps and his specialty as ship maintenance and repair officer.  There is no evidence in his available records and he did not provide substantiating evidence that shows he held a qualifying infantry specialty.  Notwithstanding his award of the Purple Heart, it appears he did not meet the basic eligibility criteria for award of the Combat Infantryman Badge.

4.  Since there is insufficient evidence to support awarding him the Combat Infantryman Badge, there is also insufficient evidence to award him the Bronze Star Medal based on the Combat Infantryman Badge.

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)                                         AR20110020803



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110020803



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1