IN THE CASE OF:	  

		BOARD DATE:  31 July 2012

		DOCKET NUMBER:  AR20120002720 


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 his deceased father, a former service member (FSM), be awarded the Combat Infantryman Badge. 

2.  The applicant states his late father earned it. 

3.  The applicant provides:

* Certificate of Live Birth
* FSM's Honorable Discharge
* Certification of Military 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 FSM's complete military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Records Center, St. Louis 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's certification of military service shows he served on active duty from 6 August 1942 to 27 January 1943.  He attained the rank of private.

4.  His WD AGO Form 55 (Honorable Discharge - Army of the United States) shows he was inducted into the Army of the United States on 6 August 1942 in Santa Fe, New Mexico.  This form also shows he did not qualify in any arms or participate in battles, engagements, skirmishes, or expeditions.  

5.  His WD AGO Form 55 also shows at the time of separation, he was assigned to Company B, 84th Infantry Training Battalion, 17th Infantry Training Regiment, Camp Roberts, CA.  

6.  His reconstructed records do not contain any evidence that he held an infantry specialty or that he served overseas.  Additionally, his WD AGO Form 1172A (Final Payout Roll) does not show he received a monthly pay supplement known as combat infantry pay and/or expert infantry pay.

7.  He was honorably discharged from military service on 18 January 1943.  

8.  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.

9.  Additionally, World War II (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.  The Military Awards Branch of the U.S. Army Human Resources Command has advised in similar cases that during WWII 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 noncommissioned officer (812)
* gun crewman (864)

DISCUSSION AND CONCLUSIONS:

1.  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:

2.  The available evidence shows the FSM served on active duty from 6 August 1942 to 27 January 1943.  Although he was assigned to an infantry unit at the time of discharge, there is no evidence he:

* held an infantry specialty
* served in combat
* was assigned to an infantry unit at the time the unit engaged the enemy
* received a monthly pay supplement known as combat infantry pay 

3.  Regretfully, the FSM does not appear to have satisfied the requirements for award of the Combat Infantryman Badge.  Nevertheless, the applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the FSM in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.









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)                                         AR20120002720



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ABCMR Record of Proceedings (cont)                                         AR20120002720



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