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Decision Text

ARMY | BCMR | CY2001 | 2001053133C070420
Original file (2001053133C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 March 2001
         DOCKET NUMBER: AR2001053133


         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
Mr. Hubert S. Shaw, Jr. Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. William D. Powers Member
Mr. Raymond J. Wagner Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests award of the Combat Infantryman Badge.

3. The applicant states that he was a squad leader with Company K, 16th Infantry Regiment, of the 1st Infantry Division and was wounded at St. Cloud, North Africa, on 9 November 1942.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that he served on active duty from 14 July 1938 to 13 July 1941. He enlisted again on 11 December 1941 and served until he was honorably discharged on 11 May 1944. The applicant also served from 24 January 1947 to 23 January 1950. The applicant’s records contain discharge documents for all three periods of his active duty service.

5. The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) covering his period of service from 11 December 1941 through 11 May 1944 includes the period of the applicant’s service in the European-African-Middle Eastern Theater of Operations. This discharge document shows the applicant served in the military occupational specialty of heavy machine gunner in the European-African-Middle Eastern Theater of Operations from 7 August 1942 to 26 February 1943, but it does not show the Combat Infantryman Badge as an authorized award or military qualification.

6. Hospital admission records of the Office of the Surgeon General of the Army show that the applicant was wounded as a result of hostile action in November 1942. The applicant’s discharge document shows that he sustained a leg wound on 9 November 1942 and was awarded the Purple Heart for that wound.

7. A DA Form 1577 (Authorization for Issuance of Awards) in the applicant’s reconstructed records shows that the National Personnel Records Center determined that the applicant was entitled to the Good Conduct Medal, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal with one bronze service star, and the World War II Victory Medal which are not shown on his discharge document.

8. War Department Circular 269-1943 established the Combat Infantryman Badge to provide an incentive to infantrymen. 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. The Awards Branch, Total Army Personnel 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)

9. Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947. An award of the Combat Infantryman Badge is considered to be a citation in orders. This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized this badge for service during World War II.

10. Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946.

CONCLUSIONS:

1. There is no evidence the applicant was awarded the Combat Infantryman Badge during World War II. However, records show he served in an infantry MOS in an infantry unit of regimental or smaller size during World War II. Award of the Purple Heart attests to the fact that the applicant was personally under fire in ground combat. Although there is no evidence of award of the Combat Infantryman Badge or a certificate of exemplary conduct in action against the enemy, the Board has determined that the evidence of record in this case is sufficient for award of the Combat Infantryman Badge and correction of his records.

2. Based on award of the Combat Infantryman Badge for service in World War II, the applicant is entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge and correction of his records to show this decoration.
3. The Board has also determined that the applicant is entitled to correction of his WD AGO Form 53-55 covering the period from 11 December 1941 through 11 May 1944 to show the first award of the Good Conduct Medal, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal with one bronze service star, and the World War II Victory Medal.

4. The Board also noted that the applicant is entitled to one award of the Good Conduct Medal for his service from 24 January 1947 through 23 January 1950 which should be shown on his DD Form 214 (Report of Separation from the Armed Forces of the United States) covering this same period.

5. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

         a. by showing on the WD AGO Form 53-55 covering the period from 11 December 1941 through 11 May 1944 that the individual concerned was awarded the Combat Infantryman Badge, the Bronze Star Medal based on award of the Combat Infantryman Badge, the first award of the Good Conduct Medal, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal with one bronze service star, and the World War II Victory Medal; and

         b. by showing on the DD Form 214 covering the period of service from 24 January 1947 through 23 January 1950 that he received the second award of the Good Conduct Medal.

BOARD VOTE:

__FNE__ __RJW___ _WDP__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Mr. Fred N. Eichorn___
                  CHAIRPERSON



INDEX

CASE ID AR2001053133
SUFFIX
RECON YYYYMMDD
DATE BOARDED YYYYMMDD
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION (NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY MR SCHNEIDER
ISSUES 1. 107.0000.0000
2.
3.
4.
5.
6.


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