IN THE CASE OF:	  

		BOARD DATE:  8 January 2013

		DOCKET NUMBER:  AR20120011190 


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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show he served in the Infantry and was engaged in combat in the Marianas Islands.  He also requests any awards and decorations to which he is entitled, to include the "Infantry Combat Medal" (presumed to be the Combat Infantryman Badge).  

2.  He states:

	a.  he needs proof to show he served in the Infantry, was in combat in the Marianas Islands, to receive medals, and he would like to receive his "Infantry Combat Medal."   

	b.  his attempts to find records of his service in the Infantry have failed.

	c.  he served in the Army from 8 January 1941 to 28 November 1945.

	d.  he was on the island of Saipan from April 1945 until the war ended in August 1945.  He actually remained on Saipan until November 1945 when a Navy troop ship arrived to take them home.  They eventually arrived in San Pedro, CA 13 days later.

3.  He provides his 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 applicant's military records are not available to the Board 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 for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States (AUS) and entered active service on 8 January 1941.  

4.  His WD AGO Form 53-55 also shows in:

* item 4 (Army or Service), the entry “CAC” (Coastal Artillery Corps)
* item 5 (Component), the entry “AUS”
* item 6 (Organization), he was assigned to Headquarters Battery, 33rd Coast Artillery Battalion 
* item 30 (Military Occupational Specialty and Number), he was a Communications Chief/542
* item 31 (Military Qualification and Date), he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
* item 32 (Battles and Campaigns), the entry "None"
* item 33 (Decorations and Citations), award of the:

* American Defense Service Medal
* World War II Victory Medal
* American Theater Campaign Medal
* Asiatic-Pacific Theater Campaign Medal with one service stripe
* Army Good Conduct Medal

* item 34 (Wounds Received in Action), the entry "None"
* item 36 (Service Outside Continental U.S. and Return), he served in the Asiatic-Pacific Theater of Operations from June 1945 to 7 November 1945
* item 7 (Date of Separation), he was discharged on 28 November 1945

5.  The available documents in his reconstructed record do not indicate he served with Infantry or that he engaged in combat during World War II.

6.  His WD Form 372A (Final Payment - Work Sheet) does not indicate he received combat infantry pay.  

7.  Department of the Army Technical Manual TM 12-235 (Discharge Procedures and Preparation of Separation Forms) established the policies and procedures for completion and distribution of the WD AGO Form 53-55 during World War II.  This regulation stated the arm or service of the last unit or similar element to which an individual was assigned rather than the element of which he was a part while moving to a separation activity would be entered in item 4 of the WD AGO Form 53-55.  This manual does not indicate the WD AGO Form 53-55 includes an entry for engaging in combat.  

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.  Additionally, World War II 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.  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 (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.  The applicant contends he served in the Infantry and was engaged in combat in the Marianas Islands.  However, the available evidence does not support his claims. 

2.  The applicant's WD AGO Form 53-55 shows he was a Communications Chief and was assigned to Headquarters Battery, 33rd Coast Artillery, which is an artillery unit.

3.  The applicant's WD AGO Form 53-55 also shows the Arm or Service as "CAC" indicating the component of service as Coastal Artillery Corps.  In the absence of evidence to the contrary, it is presumed his branch was correctly listed as Coastal Artillery Corps.  Therefore, there is insufficient evidence to amend his discharge document to show he served in the Infantry.  

4.  Although the applicant contends he was engaged in combat in the Marianas Islands, the manual in effect at the time did not provide guidance to record "combat" on the WD AGO Form 53-55. 

5.  The available evidence does not show the applicant met the requirements for award of the Combat Infantryman Badge during World War II.  In addition, his Final Payment Work Sheet does not show he received combat infantry pay.  Therefore, he is not eligible for award of the Combat Infantryman Badge.

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)                                         AR20120011190





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ABCMR Record of Proceedings (cont)                                         AR20120011190



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