BOARD DATE:	  18 March 2014

		DOCKET NUMBER:  AR20130013141 


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 the Combat Infantryman Badge (CIB) and the Bronze Star Medal (BSM).  He also requests to be issued the Army of Occupation Medal.  

2.  The applicant states he received the awards but his records were not updated.  

3.  The applicant provides:

* WD AGO Form 53-55
* Honorable Discharge Certificate 
* information paper titled "Norwegian-Americans and the 99th Infantry Battalion (Separate)"
* a photo of himself wearing his military uniform 

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 that his records were lost or destroyed in that fire.  This case is being considered based on the documents provided by the applicant.

3.  The applicant is requesting to be issued the Army of Occupation Medal with Germany Clasp.  However, service medals and awards are not issued by the ABCMR.  He may obtain his medals by submitting his request in writing to:  National Personnel Records Center, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, Missouri  63138.  Therefore, this issue will not be further addressed in this Record of Proceedings.

4.  His WD AGO Form 53-55 shows:

	a.  He was inducted into the Army of the United States on 2 August 1944.

	b.  His branch of service was Corps of Engineer.

	c.  He served with Company A, 355th Engineer Regiment.

	d.  His military occupational specialty (MOS) and number at the time of his separation were clerk typist, (405).

	e.  The CIB is not included in item 31 (Military Qualifications and Date).

	f.  He served in the European theater of operations from 15 January 1945 to 
9 June 1946.

	g.  He participated in the Central Europe and Rhineland campaigns.

	h.  He was awarded or authorized the Army of Occupation Medal, European-African-Middle Eastern Campaign Medal, Army Good Conduct Medal, and World War II Victory Medal.  

	i.  He was honorably discharged on 24 June 1946 upon demobilization.  

5.  There is no evidence in the applicant's available military records that show he was awarded the BSM or the CIB or that he served in an infantry MOS.

6.  He provides and information paper titled "Norwegian-Americans and the 99th Infantry Battalion (Separate)" which essentially narrates the history of the 99th Infantry Battalion during World War II.  

7.  He also provides a photo of himself in his military uniform that shows he is wearing the CIB on his uniform.  

8.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

	b.  The CIB was established during World War II to provide special recognition of the unique role of the Army infantryman, the only Soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain.  The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen.  In developing the CIB, the War Department did not dismiss or ignore the contributions of other branches, such as combat engineer.  Their vital contributions to the overall war effort were noted, but it was decided that other awards and decorations were sufficient to recognize their contributions.  From the beginning, Army leadership has taken care to retain the badge for the unique purpose for which it was established.  The War Department received requests to award the CIB to non-infantry individuals and units employed as infantry during tactical emergencies.  All of those requests were disapproved based on the fact that the regular infantryman lived, slept, ate, and fought as an infantryman on a continuous and indefinite basis without regard to the tactical situation.
	
9.  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.  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 has advised in similar cases that the CIB was normally awarded only to enlisted individuals who served in the following positions during World War II:

* light machine gunner (604)
* heavy machine gunner (605)
* platoon sergeant (651)
* squad leader (653)
* rifleman (745)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his WD AGO Form 53-55 to show the BSM and the CIB has been carefully considered.  

2.  There is no evidence of record and the applicant has not provided sufficient evidence that shows he was awarded the BSM.  As such, there is insufficient evidence on which to base correction his WD AGO Form 53-55 to show this award.  

3.  The available evidence indicates the applicant's branch of service was Corps of Engineer and that he served in a combat engineer regiment during World War II.  In the absence of evidence showing he held an infantry MOS and that he served in an infantry unit of brigade, regimental, or smaller size, the documentation provided is insufficient evidence on which to base correcting his WD AGO Form 53-55 to show 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 this action in no way diminishes the sacrifices made by him in service to our Nation.  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)                                         AR20130013141



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ABCMR Record of Proceedings (cont)                                         AR20130013141



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