| Mr. Carl W. S. Chun | Director | |
| Ms. Deyon D. Battle | Analyst |
| Mr. Raymond J. Wagner | Chairperson | |
| Ms. Barbara J. Ellis | Member | |
| Mr. John P. Infante | Member |
APPLICANT REQUESTS: That he be awarded the Combat Infantryman Badge (CIB).
APPLICANT STATES: That under a new law that was signed on 5 October 1999 he would be entitled to wear the CIB.
EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from alternate sources.
He was inducted into the Army on 16 May 1941.
His awards include the Purple Heart, the Asiatic-Pacific Theater Ribbon w/two Bronze Service Stars, the American Defense Ribbon, the Good Conduct Medal, the World War II Victory Medal and the Honorable Service Lapel Button World War II.
The available information shows that the applicant served in combat in the Southern Asiatic-Pacific Theater of Operations and was awarded the Purple Heart while he was in the Army. However, the available information also shows that he was assigned in an engineer military occupational specialty (MOS) and not an infantry MOS.
Army Regulation 600-8-22 provides that to be eligible for the Combat Infantryman Badge, a soldier must be an Army infantry or special forces officer in the grade of colonel or below, or an Army enlisted soldier or warrant officer with an infantry or special forces military occupational specialty (MOS), who subsequent to 6 December 1941 has satisfactorily performed duty while assigned or attached as a member of a infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. The Board has noted the applicant’s contentions. However, there is no available evidence, nor has the applicant submitted any evidence show that he is entitled to the CIB.
3. The available information fails to show that he was assigned an infantryman MOS or attached to an infantry while he was in the Army and in the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.
4. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
___jpi ___ __be____ __rjw ___ DENY APPLICATION
| CASE ID | AR2001054876 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2001/08/02 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 46 | 107.0000.0000 |
| 2. 157 | 107.0111.0000 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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