IN THE CASE OF:	  

		BOARD DATE:  29 November 2012

		DOCKET NUMBER:  AR20120017958 


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 grandson 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 Bronze Star Medal and Combat Infantryman Badge.

2.  He states the FSM always indicated he served as an infantryman in the European Theater during World War II.  The FSM continued to serve in the North Carolina Army National Guard until his retirement in the 1960s.  The FSM's discharge documentation does not indicate he was awarded the Bronze Star Medal or the Combat Infantryman Badge, and the applicant believes this to be an error.

3.  He provides the FSM's WD AGO Form 53-55, the FSM's Certificate of Death, and two Certificates of Birth.

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 military record is 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 his records were lost or destroyed in that fire.  This case is being considered using a War Department Form 372A (Final Payment - Worksheet) provided by the National Archives and Records Administration and the WD AGO Form 53-55 provided by the applicant.

3.  The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active duty on 21 July 1944.  His final unit of assignment was Company G, 28th Infantry Regiment.  He was honorably discharged on 13 January 1946 after completing a total of 1 year, 5 months, and 23 days of active military service in order to accept civilian employment in the European Theater.  He held the grade of private first class on the date of his separation.  

4.  The FSM's WD AGO Form 53-55 also contains the following pertinent information:

	a.  Item 4 (Arm or Service) shows he served in the infantry arm.

	b.  Item 30 (Military Occupational Specialty and Number) shows he was a Rifleman (745).

	c.  Item 31 (Military Qualification and Date ) does not show award of the Combat Infantryman Badge.

	d.  Item 32 (Battles and Campaigns) shows he participated in the Rhineland and Central Europe campaigns.

	e.  Item 33 (Decorations and Citations) shows he was awarded or authorized the European-African-Middle Eastern Campaign Medal with 2 bronze service stars, Good Conduct Medal, and World War II Victory Medal.

	f.  Item 36 (Service Outside Continental U.S. and Return) shows he arrived in the European Theater of Operations on 7 January and departed on 29 June 1945.

	g.  Item 37 (Foreign Service) shows he performed 6 months and 6 days of foreign service.
5.  The FSM's War Department Form 372A (Final Payment – Work Sheet) for the period ending January 1946 shows he received Combat Infantry Pay during his period of service.

6.  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, World War II 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.  

7.  Army Regulation 600-8-22 (Military Awards) provides the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that the FSM's WD AGO Form 53-55 should be corrected to show he was awarded the Bronze Star Medal and the Combat Infantryman Badge were carefully considered and determined to have merit.

2.  The FSM's War Department Form 372A clearly shows he received Combat Infantry Pay which indicates he had fulfilled the requirements for award of the Combat Infantryman Badge and associated incentive pay while serving in the European Theater from 7 January to 29 June 1945.  Therefore, he is entitled to award of the Combat Infantryman Badge and correction of his WD AGO 53-55 to reflect this badge.

3.  Army Regulation 600-8-22 states the Bronze Star Medal is to be awarded to individuals who were authorized the Combat Infantryman Badge for service during World War II.  Therefore, the FSM is entitled to award of the Bronze Star Medal based upon his receipt of the Combat Infantryman Badge and correction of his WD AGO Form 53-55 to reflect this award

BOARD VOTE:

____X___  ____X___  ___X__ _  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the FSM be corrected by:

	a.  awarding him the Combat Infantryman Badge for exemplary conduct in action against the enemy while serving in the European Theater from 7 January to 7 May 1945;

	b.  awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge, effective 7 May 1945; 

	c.  adding the Combat Infantryman Badge to item 31 of his WD AGO Form 53-55; and

	d.  adding the Bronze Star Medal to item 33 of his WD AGO Form 53-55.



      _______ _  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)                                         AR20120017958





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120017958



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1