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Decision Text

ARMY | BCMR | CY2001 | 2001061258C070421
Original file (2001061258C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 November 2001
         DOCKET NUMBER: AR2001061258


         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. Wanda L. Waller Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor Chairperson
Mr. John P. Infante Member
Mr. William D. Powers 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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Combat Infantryman Badge, the Bronze Star Medal and the Prisoner of War (POW) Medal.

3. The applicant states, in effect, that he should be issued the Combat Infantryman Badge for combat action in France and Germany during World War II. He also contends that he should be awarded the Bronze Star Medal with “V” Device based on award of the Combat Infantryman Badge and that he should be issued the POW Medal because he was held captive for 7 months.

4. The Veterans of Foreign Wars, as counsel for the applicant, was notified of the applicant’s pending review by the Board; however, no brief was submitted.

5. The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the applicant was inducted on
27 March 1943. He served as a rifleman in the European Theater of Operations from 15 July 1944 through 23 May 1945 and was honorably discharged on
2 November 1945.

6. The applicant’s WD AGO Form 53-55 does not show the Combat Infantryman Badge, the Bronze Star Medal or the POW Medal as authorized awards.

7. The applicant’s discharge document shows that he was assigned to the infantry branch and served in military occupational specialty (MOS)
745 (rifleman) during his assignment in the European Theater of Operations.

8. The applicant’s name is listed in the Adjutant General’s Roster of Prisoners of War which was compiled in 1950. This document shows that the applicant was a POW from 6 October 1944 to 10 May 1945 in Germany.

9. 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)

10. 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 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.

11. Army Regulation 600-8-22 provides, in pertinent part, for award of the POW Medal. The regulation states that the POW Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive.

CONCLUSIONS:

1. Evidence of record shows the applicant was assigned to the infantry branch and served in an infantry MOS during his assignment in the European Theater of Operations. Therefore, the applicant is entitled to award of the Combat Infantryman Badge.

2. The Board considered the applicant’s contention that he is entitled to award of the Bronze Star Medal with “V” Device based on award of the Combat Infantryman Badge. However, in accordance with the governing regulation, the applicant is entitled to an award of the Bronze Star Medal, not the Bronze Star Medal with “V” Device, based on award of the Combat Infantryman Badge.

3. The applicant was a POW from 6 October 1944 to 10 May 1945. Therefore, the applicant is entitled to award of the POW Medal and correction of his military records to show this medal.
4. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Combat Infantryman Badge, the Bronze Star Medal (based on award of the Combat Infantryman Badge) and the Prisoner of War Medal.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

RVO____ JPI_____ WDP____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Raymond V. O’Connor_
                  CHAIRPERSON




INDEX

CASE ID AR2001061258
SUFFIX
RECON
DATE BOARDED 20011129
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 107.0111
2. 107.0014
3. 107.0029
4.
5.
6.


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