BOARD DATE:	  5 February 2013

		DOCKET NUMBER:  AR20120016676 


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 Service) as follows:

* Item 31 (Military Qualifications and Date) add the Combat Infantryman Badge
* Item 32 (Battles and Campaigns) add the Normandy campaign
* Item 33 (Decorations and Citations) add the Bronze Star Medal, Army of Occupation Medal, and Distinguished Unit Citation (now known as the Presidential Unit Citation)

2.  The applicant states he served in the European Theater of Operations (ETO) from 21 July 1944 to 17 August 1945 as a light mortar crewman.  He was assigned to C Company, 1st Battalion, 117th Infantry Regiment.

3.  The applicant provides his WD AGO Form 53-55 and a statement from a U.S. Army officer.

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 on 12 January 1944 and entered active duty in New York City, NY, on 2 February 1944.  This form also shows at the time of his separation, he held military occupational specialty (MOS) 607 (Squad Leader) and he was assigned to the 117th Infantry Regiment.

4.  His WD AGO Form 24 and WD AGO Form 53-55 also show he departed the Continental United States (CONUS) on 15 July 1944 and he arrived in the ETO on 21 July 1944.  He departed the ETO on 17 August 1945 and arrived back in CONUS on 22 August 1945. 

5.  He completed 9 months and 14 days of CONUS service and 1 year, 1 month, and 8 days of foreign service.  He was honorably discharged by reason of demobilization on 23 December 1945. 

6.  Item 31 of his WD AGO Form 53-55 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1).  The Combat Infantryman Badge is not listed. 

7.  Item 32 of his WD AGO Form 53-55 shows he participated in four campaigns during World War II (WWII) -- Ardennes, Central Europe, Northern France, and Rhineland.

8.  Item 33 of his WD AGO Form 53-55 shows the:

* European-African Middle Eastern Campaign Medal
* Good Conduct Medal
* World War II Victory Medal

9.  His WD AGO Form 372A (Final Payment - Worksheet) which would have shown if he had been receiving a monthly pay supplement known as combat infantry pay is not available for review with this case. 

10.  There are no official orders in the available records that confirm his award of the Combat Infantryman Badge.  Likewise, there are no official documents that confirm his assignment to a specific company or battalion of the 117th Infantry.

11.  The applicant submitted a statement, dated 28 August 2012, from a U.S. Army officer who states as the applicant's grandson, he conducted research into the various awards based on the applicant's stories, WD AGO Form 53-55, and governing regulations.  

12.  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.

13.  Additionally, 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 (HRC) 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)

14.  Army Regulation 600-8-22 (Military Awards) provides for award of the Bronze Star Medal. The Bronze Star Medal is awarded to members of the Armed Forces who, after 6 December 1941 and prior to 3 September 1945, were cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Combat Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.

15.  Army Regulation 600-8-22 provides for award of the European-African-Middle Eastern Campaign Medal.  The regulation also authorizes a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation or listed in item 32 of the WD AGO  Form 53-55.  This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.

16.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) is published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, unit citation emblem, and occupation credit for WWII and for the Korean War.  This pamphlet shows:

	a.  The 117th Infantry Regiment received campaign participation credit for the Ardennes, Central Europe, Normandy, Northern France, and Rhineland campaigns.

	b.  Subordinates units of the 117th Infantry, including the 1st Battalion; Company E; Headquarters and Headquarters Company; and the 3rd Battalion, 3rd Platoon, Anti-Tank Company were cited for award of the Distinguished Unit Citation during various periods of their service in WWII by authority of multiple War Department General Orders. 

	c.  Subordinates units of the 117th Infantry, including Service Company; Medical Detachment; Headquarters and Headquarters Company (less the Intelligence and Reconnaissance Platoon); 3rd Battalion, Headquarters and Headquarters Company (less the Anti-Tank Platoon); and 2nd Battalion, Headquarters and Headquarters Company (less the Anti-Tank Platoon) were cited for award of the Meritorious Unit Commendation during various periods of their service in WWII by authority of General Orders issued by Headquarters, 30th Infantry Division. 

	d.  Subordinates units of the 117th Infantry, including the 1st Battalion; Company I and Company K, were awarded foreign awards during various periods of their service in WWII by authority of Department of the Army General Orders. 

	e.  The 117th Infantry Regiment received occupation credit for Germany from 2 May to 5 July 1945.

17.  Army Regulation 600-8-22 states the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  For award of the Army of Occupation Medal with Germany Clasp qualifying service must have occurred between 9 May 1945 and 5 May 1955.  Service between 9 May 1945 and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's military records are not available to the Board for review.  It is believed that the applicant's records were lost or destroyed in that fire.  As such, there is insufficient evidence to establish the applicant's specific unit of assignment or entitlement to any individual or unit awards.  

2.  With respect to the Combat Infantryman Badge, 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.  

	a.  The applicant's WD AGO Form 53-55 shows he held MOS 607, light mortar crewman.  The Military Awards Branch - HRC has advised that during WWII the Combat Infantryman Badge was normally awarded only to enlisted individuals who served in the following positions: 604, 651, 745, 605, 653, 746, 812, and 864.  The applicant's MOS is not one of those listed.

	b.  More importantly, his WD AGO Form 372A which would have shown if he had been receiving a monthly pay supplement known as combat infantry pay is not available for review with this case. 

	c.  Regretfully, in the absence of official orders or other documentary evidence, the applicant does not meet the criteria for award of the Combat Infantryman Badge.

3.  Had he been entitled to award of the Combat Infantryman Badge, he would have been also entitled to award of the Bronze Star Medal.  Here, regretfully, he does not meet the criteria.

4.  With respect to the Distinguished Unit Citation, the applicant's specific unit of assignment cannot be determined based on the available evidence.  It is unclear which subordinate unit of the 117th Regiment he was assigned to.  As such, his entitlement to any unit awards cannot be determined.  

5.  With respect to the Army of Occupation Medal, the entire 117th Infantry Regiment received occupation credit for Germany from 2 May to 5 July 1945.  The applicant's WD AGO Form 53-55 show he served in WWII from 21 July 1944 to 17 August 1945.  He meets the criteria for this medal and his WD AGO Form 53-55 should be corrected to show the medal.

6.  With respect to the campaign participation credit:

	a.  Although the 117th Infantry Regiment was awarded credit for 
5 campaigns, there is insufficient evidence to show the applicant was physically present for duty with the unit in each of the five campaigns.  In the absence of additional evidence, his participation in the Normandy campaign cannot be determined.

	b.  Nevertheless, his records show he was awarded the European-African-Middle Eastern Campaign Medal.  Furthermore, his records show he participated in four campaigns during his service in WWII.  Therefore, he is entitled to four bronze service stars to be affixed to his European-African-Middle Eastern Campaign Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X_____  __X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 33 of his WD AGO Form 53-55 the:

* Army of Occupation Medal with Germany Clasp
* Four bronze service stars to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the:

* Combat Infantryman Badge
* Bronze Star Medal
* Distinguished Unit Citation
* Normandy campaign credit



      __________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)                                         AR20120016676



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ABCMR Record of Proceedings (cont)                                         AR20120016676



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