RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 OCTOBER 2005 DOCKET NUMBER: AR20050001413 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Mr. Carl W. S. Chun Director Ms. Deborah L. Brantley Senior Analyst The following members, a quorum, were present: Mr. Ted Kanamine Chairperson Mr. Patrick McGann Member Ms. Carol Kornhoff Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests award of the Combat Infantryman Badge (CIB). 2. The applicant states that he served in combat with the 78th Infantry Division and sustained a concussion injury from a mortar shell in the Huertgen Forest. He receives compensation from the Department of Veterans Affairs (VA) for his injury. 3. The applicant provides a copy of a 15 November 2004 National Personnel Records Center letter informing the applicant that there was no record to show that he was authorized the CIB, and a copy of his Separation Qualification Record. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error or injustice which occurred on 28 January 1946. The application submitted in this case is dated 18 January 2004. 2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file. 3. The applicant’s military records are not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that the applicant’s records were lost or destroyed in that fire. However, there are sufficient documents available for the Board to conduct a fair and impartial review of this case. 4. The applicant was inducted into the Army on 12 August 1942 and entered on active duty on 26 August 1942. He served in the European Theater of Operations with Company C, 309th Infantry Regiment of the 78th Infantry Division, during World War II, arriving in that theater on 26 November 1944, and returning to the United States on 23 January 1946. He was discharged in the rank of sergeant at Fort Dix, New Jersey on 28 January 1946. His Enlisted Record and Report of Separation shows that he was an administrative and technical clerk, that he served in the Ardennes and Rhineland campaigns during the war, and that he was awarded the American Service Medal, the Good Conduct Medal, the World War II Victory Medal, and the European-African-Middle Eastern Service Medal. 5. The applicant’s Separation Qualification Record shows that he trained as a coast artilleryman for 3 months, and served as an administrative and technical clerk for 38 months. That record indicates that he served in the European Theater of Operations for 18 months with the 309th Infantry Regiment, that he operated an area food distribution warehouse, supervised 75 prisoners of war, and kept stock record cards on all merchandise coming and going. 6. The Unit Citation and Campaign Participation Credit Register shows that the 309th Infantry Regiment was awarded the Distinguished Unit Citation (now the Presidential Unit Citation) for its actions on 9 and 10 February 1945. That register shows that the 309th participated in three campaigns, the Rhineland, Ardennes-Alsace, and the Central Europe campaigns. The dates of the Central Europe Campaign are from 22 March 1945 to 11 May 1945. It also shows that the 309th Infantry Regiment served as an occupation force in Germany from 2 May 1945 to 31 May 1945. 7. The Army of Occupation Medal with Germany clasp is awarded for service for 30 consecutive days in the occupation of Germany between 9 May 1945 and 5 May 1955. 8. Service (campaign) medals and service ribbons denote honorable performance of military duty within specified limited dates in specified geographical areas. Army Regulation 600-8-22, paragraph 6-7, provides for service stars for wear on campaign and service ribbons to denote an additional award, and states that service stars are authorized for wear on the European-African-Middle Eastern Campaign Medal. A silver service service star is worn instead of five bronze service stars. 9. There are basically three requirements for award of the CIB. The Soldier must be an infantryman satisfactorily performing infantry duties, must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat. The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS (military occupational specialty). They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. Campaign or battle credit alone is not sufficient for award of the CIB. Although the exigencies of combat may require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught, it is not a basis for the award of the Combat Infantryman Badge. DISCUSSION AND CONCLUSIONS: 1. The available evidence shows that the applicant was trained as a coast artilleryman, and that although he served in an infantry unit in the European Theater of Operations during World War II, there is no evidence that he had an infantry MOS, or that he served as an infantryman in active ground combat. The evidence, in fact, shows that the applicant served as an administrative and technical clerk with the 309th Infantry Regiment. There is insufficient evidence to support the applicant’s contention. Consequently, he is not entitled to award of the Combat Infantryman Badge. 2. Records show the applicant should have discovered the error or injustice now under consideration on 28 January 1946, the date of his separation from active duty. The ABCMR was not established until 2 January 1947. Therefore, the time for the applicant to file a request for correction of any error or injustice expired on 1 January 1950. 3. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section below. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___TK __ ___PM__ __CK ___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that 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. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law. Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned. 3. The Board determined that administrative error in the records of the individual should be corrected. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Presidential Unit Citation, European-African-Middle Eastern Campaign Medal with three bronze service stars, and Army of Occupation Medal with Germany clasp. ______Ted Kanamine________ CHAIRPERSON INDEX CASE ID AR20050001413 SUFFIX RECON YYYYMMDD DATE BOARDED 20051013 TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY ISSUES 1. 107.00 2. 3. 4. 5. 6.