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ARMY | BCMR | CY2001 | 2001055293C070420
Original file (2001055293C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 September 2001
         DOCKET NUMBER: AR2001055293


         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. Deyon D. Battle Analyst

The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Mr. Lester Echols Member
Mr. Ronald E. Blakely 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 that his Enlisted Record and Report of separation (WD AGO Form 53-55) be corrected to show that he was awarded the Combat Infantryman Badge (CIB).

3. The applicant states that he was awarded the CIB on 1 August 1945 while he was in the Philippines and he was receiving combat pay until he was discharged.

4. 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.

5. The applicant’s military records show that he was inducted into the Army on 15 December 1942 and he successfully completed his training as a radio operator.

6. His awards include the Good Conduct Medal, the Philippine Liberation Ribbon, the Asiatic-Pacific Campaign Medal w/two bronze service stars and the World War II Victory Medal.

7. A review of the applicant’s WD AGO Form 53-55 shows that he was attached to an infantry unit in Headquarters Company 1st Battalion. His Final Payment Work Sheet shows that he was receiving combat infantry pay until he was discharged on 8 December 1945.

8. 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.

9. Army Regulation 600-8-22 further provides, in pertinent part, that the Bronze Star Medal (BSM) is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. The
Bronze Star Medal may be awarded to each member of the Armed Forces of the United States who, after 6 December 1941, has been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945, inclusive, or whose meritorious achievement has been otherwise confirmed by documents executed prior to 1 July 1947. For this purpose, an award of the Combat Infantryman Badge or Combat Medical Badge is considered as a citation in orders.

CONCLUSIONS:

1. It appears that an administrative oversight resulted in the CIB being omitted from the applicant’s WD AGO Form 53-55.

2. The available records show that the applicant was attached to an infantry unit and was receiving combat pay until he was discharged on 8 December 1945. It appears that he was awarded the CIB and his records should be amended accordingly.

3. In accordance with the applicable regulation, he is also entitled to the BSM based on his award of the CIB. Therefore, his records should corrected to reflect his entitlement to the BSM.

4. 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 that the individual concerned was awarded the Combat Infantryman Badge; and

b. by showing that he is entitled to the Bronze Star Medal for meritorious service in military operations against an armed enemy based on his award of the Combat Infantryman Badge.

BOARD VOTE:

___le____ __js ____ __reb ___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ______John N. Slone______
                  CHAIRPERSON



INDEX

CASE ID AR2001055293
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2001/09/25
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 46 107.0000
2. 60 107.0014
3. 158 107.0112
4.
5.
6.


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