MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
                                   
        

         BOARD DATE: 29 January 2002
         DOCKET NUMBER: AR2001058981

         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. G. E. Vandenberg		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Melvin H. Meyer		Member
Ms. Karen A. Heinz		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)

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APPLICANT REQUESTS: That his records be corrected to show that he was awarded the Silver Star, the Bronze Star Medal, the Combat Infantryman Badge (CIB), the Distinguished Unit Badge (now known as the Presidential Unit Citation (PUC)) and the Belgium Fouragere.

APPLICANT STATES: In effect, that he fought as an infantryman and as such is entitled to the CIB and Bronze Star Medal. He states that General Bradley’s clerk told him that he would receive the Silver Star. In support of his application, the applicant submits a copy of his personal memoirs of his service in Europe during World War II.

The applicant does not indicate the date of discovery of the alleged error or injustice. He states that he felt it was “essential to try an forget and disassociated himself from the happening. It is important in later years to pass on and have recognition for what occurred.”

The records show that the applicant’s records have already been administratively corrected to show award of the Belgium Fouragere and the PUC. Therefore, the Board will not address these items.

EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information contained herein was obtained from secondary or reconstructed personnel records.

The applicant entered active duty on 22 April 1943. He completed basic training and advanced individual training with the award of the military occupational specialty (MOS) of 776 (low speed radio operator). He was transferred to the European Theater in July 1944 and assigned to the 143^rd Antiaircraft Artillery (AAA) Battalion. There is no evidence of record that the applicant was awarded an infantry MOS or was assigned, in any capacity, to an infantry unit.

A review of the 143^rd AAA’s unit historical records failed to identify the applicant as being recommended for, entitled to or having received the awards on appeal.

War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen. The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy. 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. Additionally, World War II holders of the Combat Infantryman Badge received a monthly pay supplement known as combat infantry pay and holders of the Expert Infantryman Badge were entitled to expert infantry pay. Therefore, soldiers had economic as well as intangible reasons to ensure that their records were correct. Thus, pay records are frequently the best available source to verify entitlement to this award.

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)

All soldiers are provided basic combat skills training after they enter the Army. This is provided to insure that all soldiers have the survival skills to perform basic infantry missions when the need arises.

No other soldier in combat is more exposed on a daily basis to the dangers and hardships of war and no other branch of the service suffers more casualties than the infantry. To maintain the prestige, uniqueness, and traditional value of the Combat Infantryman Badge, the criteria for award has changed little over the years.

The opinion does note that the exigencies of combat may require non-infantry soldiers to temporarily perform the basic infantry duties that all soldiers are taught but it is not a basis for the award of the Combat Infantryman Badge.

Army Regulation (AR) 600-8-22 also provides, in pertinent part, that the Silver Star is awarded for gallantry in action against the enemy. The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

AR 600-8-22 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 or the Combat Medical 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 either badge for service during World War II.

AR 15-185 governs the operations of the ABCMR. Paragraph 2-5 states that the ABCMR will not consider an application until the applicant has exhausted all administrative remedies to correct the alleged error or injustice.

AR 600-8-22 lists the statute of limitations on the submission of recommendations for awards for World War II as 3 May 1951. However, Section 1130, Title 10, United States Code (10 USC 1130) provides that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law. A DA Form 638 (Recommendation for Award) clearly identifying the unit, the period of assignment, and the award being recommended needs to be submitted separately. A narrative of the actions or period for the requested recognition must accompany the DA Form 638. Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents. Commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request, best provide corroborating evidence. The law also requires that a request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rests with the requester.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1. The applicant has not exhausted his administrative remedies for award of the Silver Star. He may apply through a member of Congress under the provisions of 10 USC 1130.

2. The applicant has provided no substantive evidence that he was assigned an infantry MOS or that he served as an infantryman with an infantry unit of brigade, regimental or smaller size.

3. Without award of the CIB the applicant is not entitled to the Bronze Star Medal for combat service during WW II.

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

__AAO__ __MHM__ __KAH__ DENY APPLICATION

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

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INDEX

CASE ID	AR2001058981
SUFFIX
RECON
DATE BOARDED	20020129
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISilver StarUES 1.	107.0111
2.	107.0014
3.	107.0007
4.
5.
6.