IN THE CASE OF:	  

		BOARD DATE:  15 November 2012

		DOCKET NUMBER:  AR20120008873 


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, the son of a deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show:

* award of the Combat Infantryman Badge
* two additional bronze service stars to be affixed to the FSM's previously awarded European-African-Middle Eastern Campaign Medal

2.  The applicant states a photograph was taken of the FSM on or around August 1945.  The photograph shows him wearing a Combat Infantryman Badge and a service medal with three bronze service stars.  The FSM also spoke of his feet being frostbitten while participating in the Battle of the Bulge.  During his service in Europe the FSM was assigned to the 5th Infantry Division, 3d Army.  According to the applicant's mother, the FSM's best friend died in his arms and any mention of it caused him emotional problems for the remainder of his life.

3.  The applicant provides:

* two self-authored statements
* certified record of birth
* FSM's certificate of death
* letter, dated 28 September 1944
* three photographs
* FSM's 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 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, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The FSM's available records show he was inducted into the Army of the United States in Fort Thomas, KY, on 3 February 1943 and he entered active duty on 10 February 1943.  He held military occupational specialty (MOS) 345 (Truck Driver, Light).  The highest rank he held was private first class/E-3.  He received an honorable discharge on 5 November 1945.  At the time of his discharge he was assigned to the 9222d Transportation Service Unit (TSU).

4.  Item 31 (Military Qualifications and Date) of his WD AGO Form 53-55 shows he qualified as a marksman with his rifle.  This item would also list the Combat Infantryman Badge if it were awarded to him or if it were authorized.

5.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Northern France campaign during his service in World War II (WWII).

6.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he was awarded the European-African-Middle Eastern Campaign Medal with one bronze service star, American Theater Service Medal, and WWII Victory Medal.

7.  Item 36 (Service Outside the Continental United States (CONUS) and Return) of his WD AGO Form 53-55 shows he:

* departed CONUS on 16 July 1943 and arrived in England on 27 July 1943
* departed England on 10 July 1945 and arrived in CONUS on 18 July 1945

8.  The FSM’s WD AGO Form 100 (Separation Qualification Record) shows his MOSs as basic training, truck driver, and military policeman.  It states he drove an army vehicle hauling supplies from docks while overseas.

9.  The applicant provided a letter written by the FSM, dated 29 September 1944, which indicated he was located somewhere in France.

10.  The applicant provided photographs of the FSM wearing a Combat Infantryman Badge, European-African-Middle Eastern Campaign Medal with three bronze service stars, and what appears to be a diamond-shaped patch on the FSM's right shoulder.  Another photograph shows an infantry lapel insignia.

11.  The applicant provided a self-authored statement wherein he stated the second photograph he provided of the FSM has importance because it shows his shoulder patch, the red diamond of the 5th Infantry Division.  The society of the 5th Division indicates their participation in five campaigns in the European theater of operations.  The 9222d TSU must have been the organization responsible for the German prisoners of war.  The FSM escorted them to New Jersey so he could obtain an early discharge.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern theater between 7 December 1941 and 8 November 1945.  This medal is awarded to any service member who was permanently assigned in the theater, who was in a passenger status or on temporary duty for 30 consecutive or 60 nonconsecutive days, or who was in active combat against the enemy and was awarded a combat decoration, or who was furnished a certificate by the commanding general of a corps or higher unit or independent force showing that he actually participated in combat.  One bronze service star is authorized for each campaign if the service member was assigned or attached to and present for duty with a unit during the period in which it participated in combat or under orders in the combat zone and the service member was a awarded a bronze service star as a combat decoration, was furnished a certificate by a commanding general of a corps or higher unit or independent force that he actually participated with in combat, was aboard a vessel other than in a passenger status and furnished a certificate by the home port commander of the vessel that he served in the combat zone, or was an evadee or escapee in the combat zone or recovered from a prisoner-of-war status in the combat zone during the time limitations of the campaign.

	b.  The Combat Infantryman Badge was established during WWII to provide special recognition of the unique role of the Army infantryman, the only Soldier whose daily mission was to close with and destroy the enemy and to seize and hold terrain.  The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen.  In developing the Combat Infantryman Badge, the War Department did not dismiss or ignore the contributions of other branches.  Their vital contributions to the overall war effort were noted, but it was decided that other awards and decorations were sufficient to recognize their contributions.  From the beginning, Army leadership has taken care to retain the badge for the unique purpose for which it was established.  The War Department received requests to award the Combat Infantryman Badge to non-infantry individuals and units employed as infantry during tactical emergencies.  All of those requests were disapproved based on the fact that the regular infantryman lived, slept, ate, and fought as an infantryman on a continuous and indefinite basis without regard to the tactical situation.

13.  War Department Circular 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.  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.  Additionally, WWII holders of the Combat Infantryman Badge 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 the Combat Infantryman Badge was normally awarded only to enlisted individuals who served in the following positions during WWII:

* 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 is no evidence of record and the applicant has not provided sufficient evidence to show the FSM participated in more than one campaign while serving in WWII.  In addition, his WD AGO Form 53-55 only listed participation in the Northern France campaign.

2.  To be entitled to award of the Combat Infantryman Badge, 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.  The only available evidence of record shows the FSM was awarded MOS 345 and served as a truck driver or military policeman during his period of active service.  There is no evidence to show he served in an infantry unit engaged in active ground combat or that he actively participated in such ground combat.

3.  Regrettably, there is insufficient evidence to grant relief in this case.

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)                                         AR20120008873



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ABCMR Record of Proceedings (cont)                                         AR20120008873



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