IN THE CASE OF:	  

		BOARD DATE:	  28 June 2012

		DOCKET NUMBER:  AR20110025098 


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 the records of his late father, a former service member (FSM), be corrected to show award of the Combat Infantryman Badge (CIB).

2.  The applicant states his father served in Company M, 31st Infantry Regiment, which was a machine gun company.  He was actively engaged in combat in the Battle for Bataan.  His father's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) does not show the CIB.

3.  The applicant provides:

* His father's WD AGO Form 53-55
* his birth certificate
* his father's death certificate
* a picture alleged to be his father in uniform wearing the CIB
* a letter from the Army Review Boards Agency

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 complete military records are not available 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, a reconstructed record and evidence provided by the applicant contain sufficient documentation for the Board to conduct a fair and impartial review of his case.

3.  The FSM's available military records show he enlisted in the Regular Army on 13 April 1940.  It appears he completed training and was awarded military occupational specialty (MOS) 835, Supple Clerk.  He served in the Asiatic-Pacific Theater from 18 July 1940 through 18 September 1945.

4.  The FSM's WD AGO Form 100 (Separation Qualification Record) shows he served with the 31st Infantry on Bataan as a Supply Clerk for about 3 months before 7 December 1941.  He was captured on 9 April 1942 by the enemy and held prisoner until liberated on 13 September 1945.  As supply clerk, he received, checked, stored, cared for, and issued Ordnance supplies of various kinds and kept all records.

5.  He was honorably discharged from active duty on 19 February 1946.  His WD AGO Form 53-55 shows the following entries:

a. Item 4 (Arm or Service) – “Inf.”
   
   b.  Item 6 (Organization) – Company M, 31st Infantry.
   
c.  Item 31 (Military Qualification and Date) – "None."

   d.  Item 33 (Decorations and Citations) – American Defense Service Medal with one bronze service star, Asiatic-Pacific Campaign Medal with three bronze service stars, Philippine Defense Ribbon with one bronze service star, Army Good Conduct Medal, World War II Victory Medal, Distinguished Unit Badge with two Oak Leaf Clusters, two service stripes, seven Overseas Service Bars, and Honorable Service Lapel Button.

6.  There are no orders in his available service personnel records that show he was awarded the CIB.

7.  On 23 February 1989, the U.S. Army Reserve Personnel Center issued him a Prisoner of War Medal.

8.  The applicant submitted a copy of a picture alleged to be of the FSM wearing the CIB on his uniform.

9.  War Department Circular 269-1943 established that the CIB was awarded for exemplary conduct in action against the enemy.  War Department Circular 
186-1944 further provided that the CIB was to be awarded only to infantrymen serving with infantry units of brigade, regimental, or smaller size.  Additionally, World War II holders of the CIB received a monthly pay supplement known as combat 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 CIB 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)

DISCUSSION AND CONCLUSIONS:

1.  The photograph provided by the applicant, alleged to be that of his late father, of an individual wearing the CIB was carefully considered.  However, the evidence of record shows he served in a non-infantry MOS as a supply clerk with the 31st Infantry on Bataan before 7 December 1941.  There is no evidence of record, and the picture the applicant provided is insufficient evidence, to show his father was awarded and served in an infantry MOS during his period of service.  The available evidence of record also fails to show his father was awarded the CIB.

2.  To be entitled to award of the CIB, the evidence must show the FSM held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental, or smaller size and must have served in active ground combat while assigned or attached to this infantry unit.

3.  The CIB is not automatically awarded to a Soldier for being shot at or for undergoing the hazards of day-to-day combat.  Regrettably, absent sufficient evidence as required by the governing regulation the available evidence is insufficient to correct the FSM's WD AGO Form 53-55 to show award of the CIB.

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)                                         AR20110025098



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ABCMR Record of Proceedings (cont)                                         AR20110025098



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