BOARD DATE: 28 September 2017 DOCKET NUMBER: AR20160004055 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ _____x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 28 September 2017 DOCKET NUMBER: AR20160004055 BOARD DETERMINATION/RECOMMENDATION: 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. _____________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. BOARD DATE: 28 September 2017 DOCKET NUMBER: AR20160004055 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 he was awarded the Combat Infantryman Badge (CIB). 2. The applicant states he served in World War II (WWII) from 1944 to 1945. During this time, he served under General Patton. After the war, he was awarded the Bronze Star Medal, Purple Heart, and various other decorations; however, he is missing the CIB. 3. The applicant provides his WD AGO Form 53-55. 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 his WD AGO Form 53-55 and a WD Form 372A (Final Payment – Work Sheet), which is part of his available records. 3. The applicant's WD AGO Form 53-55 shows in: a. Item 4 (Arm or Service), he served in the Infantry branch. b. Item 6 (Organization), he served with the 628th Tank Destroyer (TD) Battalion. c. Item 7 (Date of Separation), he was honorably discharged on 24 June 1945. d. Item 22 (Date of Induction), he was inducted into the Army of the United States on 8 October 1942. e. Item 30 (Military Occupational Specialty (MOS) and Number), he served in MOS 610, as an Antitank Noncommissioned Officer (NCO). f. Item 31 (Military Qualification and Date), he wasn't awarded the CIB prior to his date of separation from active duty. g. Item 32 (Battles and Campaigns), he participated in the Northern France, Ardennes, Rhineland, and Central Europe campaigns. h. Item 33 (Awards and Decorations), he was awarded or authorized the Bronze Star Medal, Purple Heart, European-African-Middle Eastern (EAME) Campaign Medal, American Campaign Medal, and the WWII Victory Medal. i. Item 36 (Service Outside Continental U.S. and Return), he served in the European Theater of Operations (ETO) from 5 June 1944 to 5 November 1945. 4. His available records include his Final Payment - Work Sheet. This form does not show he received combat infantry pay for the period 1 October through 24 November 1945. REFERENCES: 1. 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. 2. 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, WWII 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 U.S. Army Human Resources Command (HRC) Military Awards Branch has advised in similar cases that the CIB was normally awarded only to enlisted individuals who served in the following positions during WWII: * light machine gunner (604) * heavy machine gunner (605) * platoon sergeant (651) * squad leader (653) * rifleman (745) DISCUSSION: 1. The available evidence shows the applicant's served as an Antitank NCO (MOS 610) and he was assigned to a tank destroyer battalion. Other than the entry on his WD AGO Form 53-55 showing he was assigned to the Infantry branch, there is no evidence indicating he served as an infantryman. 2. His Final Payment – Work Sheet does not show he was a recipient of combat infantry pay. In addition, based on previous guidance from the HRC Military Awards Branch, the applicant's MOS is not one of those normally considered eligible for award of the CIB during WWII. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004055 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004055 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2