BOARD DATE: 3 July 2012
DOCKET NUMBER: AR20120000714
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.
2. The applicant states he served in the U.S. Army during World War II with combat duty in the Philippines. He states his discharge document indicates an infantry military occupational specialty (MOS), 745 (Rifleman). He believes his combat duty during the campaign should have entitled him to the Combat Infantryman Badge.
3. The applicant provides his
* Separation Qualification Record
* WD AGO Form 53-55 (Enlisted Record and Report of Separation and Honorable Discharge)
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records may have been lost or destroyed in that fire. However, the documents provided by him were sufficient to conduct a fair and impartial review of this case.
3. He was inducted into the Army of the United States on 11 July 1944.
4. He served in the Pacific Theater of Operations with Company G, 34th Infantry, from 28 June 1945 to 2 August 1946. He participated in the Southern Philippines Campaign.
5. His Separation Qualification Record is a record of job assignments and special training received in the Army.
a. His military occupational assignments are shown as follows:
Months
Grade
MOS
1 1/2
private
AAF Basic 521
3
private
Rifleman 745
1 1/2
private
Infantry Basic 521
11
technician 5
Cook 060
b. The summary of military occupations states he served as a cook with the 34th Infantry Regiment, 24th Infantry Division in the Philippines and Japan. He cooked all types of foods, meats, vegetables, and desserts for a company of about 180 men.
6. On 21 August 1946, he was discharged due to demobilization. His MOS is shown on his WD AGO Form 53-55 as Cook 060. Item 31 (Military Qualification and Date) does not contain an entry for the Combat Infantryman Badge.
7. War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.
a. 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.
b. The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy.
c. The Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.
8. The Military Awards Branch of the U.S. Army Human Resources Command, (USAHRC) 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)
DISCUSSION AND CONCLUSIONS:
1. His WD AGO 53-55 shows his MOS as Cook 060. His Separation Qualification Record states he served as a cook with the 34h Infantry Regiment while he was in the Philippines and Japan. Notwithstanding the entry that shows he served for 3 months as a rifleman, there is no evidence of record to show he performed those duties in the Philippines.
2. Therefore, in the absence of documentation which shows the applicant met the regulatory requirements for the Combat Infantryman Badge, there is insufficient evidence upon which to base an award of the Combat Infantryman Badge in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ ___X_____ __X__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20120000714
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120000714
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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