IN THE CASE OF:
BOARD DATE: 30 May 2013
DOCKET NUMBER: AR20120020560
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. He states, in effect, that he was at the Battle of the Bulge in Belgium. He adds he was assigned to the 424th Infantry Regiment, 106th Infantry Division. He contends the CIB was awarded, but not listed on his discharge document.
3. He provides his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) and an internet article titled "The 424th Infantry Regiment."
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 to the ABCMR 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 for the ABCMR to conduct a fair and impartial review of this case.
3. Records show the applicant was inducted into the Army of the United States and he entered active duty on 4 August 1942. He served in the European-African-Middle Eastern Theater from 28 April to 9 August 1945. He was honorably discharged on 27 October 1945.
4. The WD AGO Form 53-55 he was issued at the time shows in:
a. item 6 (Organization) the entry Company A, 424th Infantry Regiment.
b. item 30 (Military Occupational Specialty and Number) the entry "Rifleman - 745."
c. item 33 (Decorations and Citations) no entry for the CIB as an authorized award.
5. There is no evidence of record or any orders awarding him the CIB.
6. The "Credits" section of the applicant's War Department Form 372 A (Final Payment - Work Sheet) does not show receipt of combat infantryman pay.
7. He provides an internet article that provides information on the 424th Infantry Regiment's efforts during the Battle of the Bulge from 16 December 1944 through 31 December 1944.
8. War Department Circular 269-1943 established the CIB 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 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 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 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), and gun crewman (864).
DISCUSSION AND CONCLUSIONS:
1. There is no evidence in the available record and the applicant provides insufficient evidence that would entitle him to award of the CIB. Although he was assigned to an infantry unit and held an infantry MOS, there is no evidence he physically participated in combat while his unit was actively engaged with the enemy. Additionally, there is no evidence he was receiving combat infantryman pay that would support award of the CIB.
2. In view of the foregoing, there is an insufficient basis for granting the applicant's requested relief.
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) AR20120020560
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ABCMR Record of Proceedings (cont) AR20120020560
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