BOARD DATE:	  10 April 2014

		DOCKET NUMBER:  AR20130014606 


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.  The applicant states:

* he performed administrative duties [during his service in Europe during World War II (WWII)]; however, he was put on the front lines in full combat conditions in preparation for the Battle of the Bulge
* he was a replacement noncommissioned officer (NCO) and he was in charge of a platoon of men during the battle
* he was injured and spent several weeks in a hospital, sedated with his hands wrapped in bandages
* he was promoted to staff sergeant during his hospital stay

3.  In a lengthy, 3-page typed letter titled "World War 2 Recollections," the applicant recounts his entry on active duty, training in preparation for service in Europe, service in France and the Battle of the Bulge, and his recovery in hospital following injuries he received in the Battle of the Bulge.

4.  The applicant provides a copy of his Army of the United States (AUS) Honorable Discharge Certificate, dated 30 March 1946.

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

3.  On 28 January 1943, he was inducted into the AUS and on 5 February 1943, he entered active duty at Dallas, TX.

4.  His WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) shows he departed for the European theater of operations on 27 September 1944 and arrived on 5 October 1944.  

5.  On 11 March 1946, he departed the European theater of operations and arrived in the United States on 24 March 1946.

6.  On 30 March 1946, he was honorably discharged from the Army.  His         WD AGO Form 53-55 shows at the time of his discharge he:

* had been assigned to Company I of the 343rd Infantry Regiment
* held military occupational specialty (MOS) 502 (Administrative NCO)
* had not been credited with any service during battles or campaigns
* had been awarded the:

* Army Good Conduct Medal
* WWII Victory Medal
* American Theater Ribbon (American Campaign Medal)
* European – African – Middle Eastern Theater Ribbon (European – African – Middle Eastern Campaign Medal)

* had no recorded wounds received in action 
* had completed 1 year, 7 months, and 28 days of continental U.S. service, and 1 year, 5 months, and 28 days of foreign service
7.  His available record is void of documentation that shows he participated in the Battle of the Bulge, or that shows he was previously awarded the CIB.

8.  War Department Circular 269-1943 established the CIB to recognize and provide an incentive to infantrymen.  The CIB was awarded for exemplary conduct in action against the enemy.

9.  War Department Circular Number 408, effective 1 November 1944, restricted award of the CIB to officers, warrant officers, and enlisted men assigned to infantry regiments, infantry battalions, and elements thereof designated as infantry.  Personnel whose eligibility was thus established could qualify for award of the CIB by satisfactory performance of duty in ground combat against the enemy.  Announcement of the award of the CIB would be made in regimental or unit orders.

DISCUSSION AND CONCLUSIONS:

1.  There are three basic requirements for award of the CIB.  The Soldier must have been an infantryman satisfactorily performing infantry duties, he must have been assigned to an infantry unit during such time as the unit was engaged in active ground combat, and he must have actively participated in such ground combat.  

2.  The evidence of record shows he was assigned to the infantry regiment and he served in the European theater during his period of WWII service; however, it does not show he participated as an infantryman in actual combat.  Instead, the evidence of record shows he held the specialty of an Administrative NCO during his period of WWII service.

3.  Barring evidence that shows he was an active participant in the Battle of the Bulge, or any other combat engagement during WWII, there is an insufficient basis to support his entitlement to award of 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 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)                                         AR20090012380



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ABCMR Record of Proceedings (cont)                                         AR20130014606



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