IN THE CASE OF:  	  

		BOARD DATE:  26 March 2015	  

		DOCKET NUMBER:  AR20140013683 


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 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show all awards and decorations to which he is entitled to include the:

* Combat Infantryman Badge
* European-African-Middle Eastern Campaign Medal with two bronze service stars
* AACM (presumed to be the American Campaign Medal)
* ADSM (presumed to be the American Defense Service Medal)
* Sharpshooter Marksmanship Qualification Badge with pistol, rifle and machine gun bars

2.  The applicant states the requested awards and decorations were omitted from his WD AGO 53-55.

3.  The applicant provides his WD AGO 53-55 and a letter from his daughter.

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 WD AGO Form 22 (Enlistment Record - Army of the United States) shows he enlisted for the Corps of Engineers in the Army of the United States on 20 April 1942 for the duration of the war plus 6 months.

3.  The Applicant's WD AGO Form 24 (Service Record) covering from 20 April 1942 to 29 November 1945 contains the following information in the sections indicated:

	a.  Military Qualifications:

		(1)  Army Specialty:  shows he was trained and qualified in military occupational specialty (MOS) 114 (Machinist) and 078 (Electrician), but no indication of infantry MOS training or qualification.

		(2)  Qualification in Arms:  shows no indication that he attained any special qualifications in the use of various arms.

	b.  Foreign Service:  shows he departed the United States on 6 August 1942 and arrived in the United Kingdom on 17 August 1942.  He departed from Le Havre, France on 15 November 1945 and arrived in the United States on 22 November 1945.

	c.  Medals, Decorations, and Citations:  shows he was authorized:

		(1)  Campaign Medal under the Authority of War Department Circular Number 1 dated 1 January 1943; and

		(2)  Army Good Conduct Medal under the authority of Army Regulation 600-68 (Personnel - Good Conduct Medal).

	d.  Remarks - Administrative:  shows he was authorized to wear the European-African-Middle Eastern Theatre Campaign Ribbon per War Department Circular Number 1 dated 1 January 1943.

	e.  Remarks - Financial:  shows no indication that he was authorized or paid combat infantry pay.
4.  The applicant's record is void of any indication that he held an infantry MOS at any time or that he was awarded the Combat Infantryman Badge or any weapons qualification badges.

5.  The applicant's WD AGO 53-55 indicates that he was assigned to the Infantry arm of the Army of the United States.  His MOS at the time of separation was Utility Repairman (121).  The form also shows that he served in the continental United States for 3 months and 23 days and in the European Theater of Operations for a period of 3 years, 3 months and 17 days.  The applicant held the rank of Technician 3 on the date of his separation and this was the highest rank he attained while serving on active duty.  At the time of his separation he was assigned to Headquarters Company, Western Base Section Infantry.  The applicant was demobilized on 29 November 1945 after completing a total of 3 years, 7 months, and 10 days of active military service.  This document also shows in:

	a.  item 31 (Military Qualification and Date) the entry "None" indicating no award of the Combat Infantryman Badge or any marksmanship qualification badges.

	b.  item 32 (Battles and Campaigns) the entry "None" indicating that he did not participate in a specifically named battle or campaign.

	c.  item 33 (Decorations and Citations) that he was awarded or authorized to wear the:

* European-African-Middle Eastern Campaign Medal
* World War II Victory Medal
* Good Conduct Medal

	d.  item 55 (Remarks) that he was issued the Army Lapel Button.

6.  The applicant provides a letter from his daughter wherein she states that the applicant is 94 years old and has never received his medals due from World War II noted on his discharge paperwork.  During the war his records were lost time and time again.  He was in the D-Day and Battle of the Bulge conflicts.  He says his discharge does not show two bronze stars that he believes he is due.  He also never received his sharpshooter's badge with bars in pistol, rifle, and machine gun.  At the time of his discharge, he did not want to wait at Fort Logan to receive them nor work on getting his records straightened out.  He just wanted to go home.

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.  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 Combat Infantryman Badge was normally awarded only to enlisted individuals who served in the following positions:

	a.  light machine gunner (604)

	b.  heavy machine gunner (605)

	c.  platoon sergeant (651)

	d.  squad leader (653)

	e.  rifleman (745)

	f.  automatic rifleman (746)

	g.  heavy weapons NCO (812)

	h.  gun crewman (864)

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

	a.  The European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern Theater between 7 December 1941 and 8 November 1945.  This medal is awarded to any service member who was permanently assigned in the theater, who was in a passenger status or on temporary duty for 30 consecutive days or 60 nonconsecutive days, or who was in active combat against the enemy and was awarded a combat decoration, or who was furnished a certificate by the commanding general of a corps or higher unit or independent force showing that he actually participated in combat.  This same regulation states a bronze service star will be awarded for wear on the European-African-Middle Eastern Campaign Medal for participation in each credited campaign.

	b.  The American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

	c.  The American Defense Service Medal is awarded for service within the American Theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.

	d.  Marksmanship qualification badges are awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered and found to be without merit.

2.  There is no evidence in the available record or provided by the applicant that shows he possessed a qualifying MOS or served in a qualifying position for receipt of the Combat Infantryman Badge.  There is no evidence in the available records and the applicant has not provided sufficient evidence which shows that he was entitled to award of the Combat Infantryman Badge.  Therefore, there is insufficient evidence to grant the applicant's request for award of the Combat Infantryman Badge in this case.

3.  Evidence indicates that the applicant served in the United Kingdom and France from 17 August 1942 to 15 November 1945, but does not show specific periods of time for each country.  The European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle 
Eastern Theater between 7 December 1941 and 8 November 1945.  A bronze service star will be awarded for wear on the European-African-Middle Eastern Campaign Medal for participation in each credited campaign.  The applicant was not credited with participation in any specific campaigns.  Therefore there is no justification for adding any bronze service stars to his previously awarded European-African-Middle Eastern Campaign Medal.

4.  The evidence shows the applicant did not complete a qualifying period of service for award of the American Campaign Medal.  Therefore, he is not entitled to correction of his WD AGO Form 53-55 to show this medal.

5.  The American Defense Service Medal is awarded for service within the American Theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.  The applicant did not enlist until 20 April 1942; therefore, he is not entitled to award of this medal.

6.  The applicant's record is void of any evidence showing he qualified with any weapons or that he was awarded any marksmanship qualification badges.  Therefore, he is not entitled to correction of his WD AGO Form 53-55 to show award of the Sharpshooter Marksmanship Qualification Badge with pistol, rifle and machine gun bars.

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.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his/her 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)                                         AR20140013683



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ABCMR Record of Proceedings (cont)                                         AR20140013683



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