IN THE CASE OF: BOARD DATE: 15 March 2016 DOCKET NUMBER: AR20150009165 BOARD VOTE: ____x____ __x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 15 March 2016 DOCKET NUMBER: AR20150009165 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Combat Infantryman Badge and the Parachutist Badge to block 31 of his 12 January 1946 WD AGO Form 53-55 and issuing him these awards. __________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. IN THE CASE OF: BOARD DATE: 15 March 2016 DOCKET NUMBER: AR20150009165 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 the Combat Infantryman Badge (CIB) be added to his WD AGO 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) and issued to him. 2. The applicant states he was awarded the CIB but never received it. 3. The applicant provides a page of War Department Circular Number 408, dated 17 October 1945. 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 was inducted on 24 March 1944 and completed training as an infantry scout and a parachutist. He reached the Pacific Theater of Operations on 9 December 1944 was wounded in the Luzon Campaign and returned to the United States on 5 January 1946. 3. His service record contains orders issued by the 511th Parachute Infantry on 26 March 1946 awarding him the CIB. 4. He was honorably discharged on 12 January 1946 as a private first class. His WD AGO 53-55 shows: a. in Block 31 (Military Qualifications) – Expert with M-1 Rifle; b. in Block 32 (Battles and Campaigns) – Luzon; c. in Block 33 (Decorations and Citations) – World War II Victory Medal, Asiatic-Pacific Theater Ribbon (now Medal) with 1 Bronze Service Star and Arrowhead Device, Philippine Liberation Ribbon with two Bronze Service Stars, 2 Overseas Service Bars, Good Conduct Medal, Purple Heart, and the Distinguished Unit Badge (now Presidential Unit Citation); and d. in Block 41 (Service Schools Attended) – Parachutist. 5. The applicant served through a series of continuing reenlistments and retired in 1966. 6. The applicant submitted in support of his request, an extract of War Department Circular Number 408 of 17 October 1945, showing that he and about 68 members of the 511th Parachute Infantry Regiment had been awarded the CIB following the Luzon Campaign. REFERENCES: Army Regulation 600-8-22 (Military Awards) states award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School. DISCUSSION: 1. The applicant was awarded the CIB. 2. He completed the Parachutist School and earned the Parachutist Badge. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings @#!CASENUMBER 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings AR20150009165 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2