IN THE CASE OF:	  

		BOARD DATE:	  5 June 2012

		DOCKET NUMBER:  AR20110022735 


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, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge to show award of the Combat Infantryman Badge and Bronze Star Medal.

2.  The applicant makes no statement in support of his application. 

3.  The applicant provides his WD AGO Form 53-55.

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.  The WD AGO Form 53-55 was provided by the applicant and it is sufficient evidence for the Board to conduct a fair and impartial review of this case.

3.  He was inducted into the Army of the United States on 31 July 1943 and entered active duty on 21 August 1943.

4.  His WD AGO Form 53-55 shows in:

   a.  item 6 (Organization), he was assigned to the 18th Infantry Regiment;
   
   b.  item 32 (Battles and Campaigns), he participated in the Central Europe campaign;

   c.  item 33 (Decorations and Citations), he was awarded the American Campaign Medal, European-African-Middle Eastern Campaign Medal, World War II Victory Medal, and Good Conduct Medal; and

   d.  item 36 (Service Outside Continental U.S. and Return), he served in the
European Theater of Operations from 18 March 1945 through 29 March 1946.

5.  On 11 April 1946, he was honorably discharged after completing a total of 2 years, 7 months, and 21 days of creditable active military service.  

6.  The available evidence contains War Department Forms 372A (Final Payment Worksheet) that shows he received combat infantry pay from 1 March through 
11 April 1946.

7.  A review of the available evidence indicates he is entitled to additional awards that are not shown on his DD Form 214.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, lists the unit awards received by units and campaign participation of units serving in World War II.  This document shows that at the time of his assignment to the 18th Infantry Regiment, the unit was authorized the Army of Occupation Medal during the period 2 May to 4 June 1945 and 5 July to 31 October 1945.

9.  War Department Circular Number 269 (1943) established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy.  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.  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 these awards. 

10.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  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.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

   b.  A bronze service star is authorized, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate service medal, including the European-African-Middle Eastern Campaign Medal.
   
   c.  Award of the Army of Occupation Medal with Germany Clasp is authorized for service of 30 consecutive days at a normal post of duty in a qualifying location between 9 May 1945 and 5 May 1955.  Service between 9 May 1945 and
8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his WD AGO Form 53-55 to show award of the Bronze Star Medal and Combat Infantryman Badge for his service in World War II.

2.  His final pay worksheet clearly shows he received additional combat infantry pay.  This was an incentive pay for attaining a certain degree of proficiency and it is a clear indicator he was awarded the Combat Infantryman Badge.  Therefore, his WD AGO Form 53-55 should be corrected to show this badge.

3.  Based on his award of the Combat Infantryman Badge, he is also entitled to award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this medal.

4.  He served a qualifying period of service with the 18th Infantry Regiment in Germany for award of the Army of Occupation Medal with Germany Clasp.  Therefore, his WD AGO Form 53-55 should be corrected to show this award.

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.  awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge;

	b.  amending item 31 (Military Qualification and Date) of his WD AGO Form 53-55 to show he was awarded the Combat Infantryman Badge; and

   c.  amending item 33 of his WD AGO Form 53-55 to show he was awarded or is authorized the:

* Bronze Star Medal
* Army of Occupation Medal with Germany Clasp



      _______ _   __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)                                         AR20110022735



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110022735



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1