IN THE CASE OF:	  

		BOARD DATE:	  6 September 2012

		DOCKET NUMBER:  AR20120004605 


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 (CIB).

2.  The applicant states he should be awarded the CIB and it should be added to his military records based on "information on military discharge."

3.  The applicant provides:

* National Personnel Records Center letter, dated 24 February 2012
* Honorable Discharge Certificate
* WD AGO Form 53-55 (Enlisted Record and Report of Separation – 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 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 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 applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.  The primary record available to this Board is the applicant's WD AGO 
Form 53-55.

3.  His available records show he was inducted into the Army of the United States at Fort Sheridan, IL, on 7 December 1944.  He was assigned to Company I, 63rd Infantry Regiment, and held military occupational specialty "Squad Leader 745."

4.  His WD Form 372A (Final Payment – Worksheet), dated 17 November 1945, does not show he was authorized combat infantry pay.

5.  His WD AGO Form 53-55 shows he was honorably discharged from active duty on 25 November 1946 in the rank of sergeant.  He was credited with 1 year, 11 months, and 19 days of active duty.  His WD AGO Form 53-55 shows he was awarded or authorized the:

* Asiatic Pacific Theater Ribbon with one bronze battle star
* Philippines Liberation Ribbon with one bronze battle star
* World War II Victory Medal
* Army Good Conduct Medal
* Army of Occupation Medal with Japan Clasp
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Army Lapel Button
* two overseas service bars

6.  Army Regulation 600-8-22 (Military Awards) states 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.

7.  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.  To be entitled to award of the CIB, the evidence must show he 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.

2.  The evidence of record shows the applicant completed training, was awarded MOS 745, and served in an infantry unit during his period of active service.  However, there is no evidence that the infantry unit was engaged in active ground combat and that he actively participated in such ground combat.  Regrettably, lacking sufficient evidence as required by the governing regulation, he is not entitled to the CIB and its addition to his WD AGO Form 53-55.

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 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)                                         AR20120004605



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ABCMR Record of Proceedings (cont)                                         AR20120004605



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