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ARMY | BCMR | CY2001 | 2001055443C070420
Original file (2001055443C070420.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 25 September 2001
         DOCKET NUMBER: AR2001055443

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. W. E. Schnupp Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Mr. Lester Echols Member
Mr. Ronald E. Blakely Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

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


APPLICANT REQUESTS: Award of the Combat Infantryman Badge (CIB).

APPLICANT STATES: That during World War II, he had to go out and find the Japanese.

In support of his request, he submits a copy of his WD AGO Form 53-55, Enlisted Record and Report of Separation, WD AGO Form 100, Separation Qualification Record, and an Award of Disability Compensation letter from the Veterans Administration (VA) dated 12 September 1946.

EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the 1973 fire at the National Personnel Records Center. Information herein is derived from documents provided by the applicant himself.

He was inducted on 4 August 1944, was awarded the military occupational specialty of anti-tank gun crewman, infantry, and served in the Pacific Theater of Operations with the 63rd Infantry Regiment, 6th Infantry Division, from January 1945 to May 1946. He was honorably discharged at demobilization on 12 August 1946 in the grade of staff sergeant.

His awards include the Good Conduct Medal, the World War II Victory Medal, the Asiatic-Pacific Campaign Medal with 1 Bronze Battle Star, the Philippine Liberation Ribbon with 1 Bronze Battle Star, the Army of Occupation Medal with Japan Clasp and the World War II Honorable Service Lapel Button.

His WD AGO Form 100, shows that he served 19 months with the 63rd Infantry Regiment as a noncommissioned officer in charge of an anti-tank gun squad, military occupational specialty (MOS) 610.

The VA disability compensation letter he provided shows that he was awarded compensation for flat feet.

Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that to be eligible for the CIB, an individual must be an infantryman with an infantry military occupational specialty and must perform primary duty as an infantryman, as a member of an infantry unit of brigade or smaller size, during any period in which that unit was engaged in ground combat.

The Awards Branch, Total Army Personnel Command, has advised in similar cases that, during World War II, the CIB was normally awarded only to enlisted individuals who served in the following positions /MOS:

         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

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. Unfortunately, other than the documents provided by the applicant himself, there are no records that elaborate on his service in the Philippines during World War II from which a determination can be made regarding his entitlement to the CIB.

2. The available evidence shows, however, that he served as an anti-tank gun crewman, MOS 610, which was not one of the specialties eligible for award of the CIB during World War II. In the absence of evidence showing otherwise, there are no grounds for the Board to award the CIB.

3. 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 satisfies this requirement.

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

___jns___ ____le __ ____reb__ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2001055443
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20010925
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.


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