IN THE CASE OF:	  

		BOARD DATE:  14 January 2014

		DOCKET NUMBER:  AR20130008663 


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, in effect, that he be awarded the Combat Infantryman Badge (CIB) as well as various insignias and patches of the various units he served in.  He also requests reconsideration of his request to be awarded the Purple Heart. 

2.  The applicant states that he was wounded in his right hand in Avize, France on 18 December 1945 during a prisoner escape when a detainee cut him with a knife.  He also states that he served in at least four different infantry outfits involved in combat operations. 

3.  The applicant provides a one-page letter explaining his application, a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), an internet printout of operations description, morning reports, and his Department of Veterans Affairs records.

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 for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed the applicant's records were lost or destroyed in that fire.  However, the documents contained in his reconstructed records are sufficient to conduct a fair and impartial review of this case.

3.  The applicant applied to the Board requesting award of the Purple Heart for a knife slash across the top of his right hand by an enemy prisoner trying to escape in August 1945.  The Board determined that there was no evidence to show that he was wounded or treated for wounds as a result of enemy action and voted unanimously to deny his request on 23 December 1998 in Docket Number AR1998012983.  The applicant did not apply within 1 year of the date of the Board and he has not provided evidence to show he is entitled to award of the Purple Heart.  Accordingly, the issue of award of the Purple Heart will not be discussed further in these proceedings.  

4.  The applicant was inducted on 26 January 1943 and entered active duty at Fort Sheridan, Illinois on 2 February 1943.  He completed his training as a clerk typist and departed for the European Theater of Operations (ETO) on 10 May 1944.  He participated in the Rhineland Campaign and advanced to the rank of first sergeant. 
 
5.  He departed the ETO on 21 February 1946 and arrived in the United States on 2 March 1946.  He was transferred to Camp Grant, Illinois where he was honorably discharged on 8 March 1946.  His WD AGO Form 53-55 issued at the time of his discharge shows that he was awarded the American Campaign Medal, European-African-Middle Eastern Campaign Medal with one bronze service star, Good Conduct Medal, and the World War II Victory Medal.  In Item 34 (Wounds Received in Action) is the entry “NONE.”

6.  A review of his official records also failed to show that the applicant was an infantryman or that he ever held an infantry military occupational specialty.  Additionally, his final pay record shows no indication of the applicant receiving combat infantry pay.

7.  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 CIB was authorized in World War II for the period 7 December 1941 to 3 September 1945.  The Military Awards Branch of the U.S. Army Human Resources Command 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)

8.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia and branch insignia.  There are no provisions for issuing such uniform items after separation.  Furthermore, these items are not issued by the ABCMR.  Accordingly, such items must be procured through civilian vendors of such memorabilia and will not be discussed further in these proceedings.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be awarded the CIB for his service with infantry units during World War II has been noted and appears to lack merit.

2.  The applicant has failed to show through the evidence submitted with his application and the evidence of the available records that he ever served as an infantryman in an infantry unit that engaged the enemy in combat.  Additionally, his final pay record shows no indication of his receiving combat infantry pay.

3.  Therefore, in the absence of such evidence there appears to be no basis to award him the CIB.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ___X__ _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during WWII.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _  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)                                         AR20130008663





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ABCMR Record of Proceedings (cont)                                         AR20130008663



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