BOARD DATE:	  15 April 2014

		DOCKET NUMBER:  AR20130014133 


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 that the records of his father, a deceased former service member (FSM), be corrected by showing his award of the Combat Infantryman Badge (CIB) and by showing his ASR (Army Service Rating) score as 101.  

2.  The applicant states that he has gathered information to support his request for correction of the FSM’s records.  

3.  The applicant provides his computation of the FSM’s ASR score, copies of the FSM’s WD AGO Form 53-55 (Honorable Discharge), DD Form 215 (Correction to DD Form 214), orders awarding the FSM the Purple Heart, and a memorandum from the U.S. Army Human Resources Command (HRC) regarding the FSM’s awards.

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 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 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 FSM's records were lost or destroyed in that fire.  However, the documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.

3.  The applicant previously applied to the Board on 25 June 2003 and requested that the FSM’s ASR Score be changed to 110.  The Board determined at that time that there were insufficient records available to determine what the FSM’s ASR Score was when it was calculated.  Inasmuch as the applicant had 1 year to appeal that decision and did not do so, that issue will not be further discussed in this Record of Proceedings especially since he has not provided official documents to support his calculations.

4.  The FSM was inducted on 25 May 1943 and entered active duty on 1 June 1943.  His WD AGO Form 53-55 shows he held the military occupational specialty of Reconnaissance Noncommissioned Officer (761) at the time he separated.  It shows his branch as Cavalry.  He departed for the Asiatic-Pacific Theater of Operations (APTO) on 21 November 1943.  He served in four campaigns and was wounded on Luzon on 9 April 1945. 

5.  He departed the APTO on 7 November 1945 and arrived in the United States on 20 November 1945.  He was transferred to Fort McArthur where he was honorably discharged on 12 December 1945.  He had served 2 years, 6 months, and 2 days of active service and his WD AGO Form 53-55 shows no award of the CIB.  It also shows an ASR Score of 87 as of 2 September 1945. 

6.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge 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 Combat Infantryman Badge, the War Department did not dismiss or ignore the contributions of other branches.  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 Combat Infantryman Badge 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. 

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 Military Awards Branch of HRC 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)

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that his father was awarded the CIB and that it should be added to his records is not in doubt, he has failed to show through the evidence of record and the evidence submitted with his application orders awarding the FSM the CIB.

2.  It should also be noted that at the time of his discharge the FSM held a Cavalry specialty and not an infantry specialty, and his branch was Cavalry which in itself would have made him ineligible for award of the CIB.

3.  While it is conceivable that he held an infantry specialty at some point during his service, there is no evidence in the available records to show that such was the case.

4.  Therefore, in the absence of evidence to show that he was awarded the CIB, there appears to be no basis to grant his request. 

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 World War II.  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)                                         AR20130014133





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ABCMR Record of Proceedings (cont)                                         AR20130014133



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