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ARMY | BCMR | CY2001 | 2001065065C070421
Original file (2001065065C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 11 June 2002
         DOCKET NUMBER: AR2001065065

         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. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Roger W. Able Member
Mr. Harry B. Oberg 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: That he be awarded the Combat Infantryman Badge (CIB) and a bronze service star to his European-African-Middle Eastern (EAME) Campaign Medal.

APPLICANT STATES: Since he was a combat infantryman, he was entitled to the CIB. As for the bronze service star, he was wounded at Saar River, Germany, which was part of a campaign that was authorized a bronze service star.

EVIDENCE OF RECORD: The applicant's military records could not be located and are presumed to have been destroyed during the fire at the records repository in 1973. Information contained herein was derived from documents submitted by the applicant and documents pertaining to an application he submitted to this Board in 1982.

He enlisted and entered on active duty on 7 December 1942. He was awarded the military occupational specialty of topographical draftsman and was promoted to the rank of private first class. He departed for the EAME Theater on 7 March 1945, and was wounded by the explosion of a fuse from a 20mm cannon shell on 7 June 1945 at Mullheim, Germany.

He departed the EAME Theater enroute to the continental United States on 1 November 1945. On 8 December 1945 he was honorably discharged with a Certificate of Disability for Discharge (CDD). The WD AGO Form 53-55, Enlisted Record and Report of Separation, Honorable Discharge, he was issued shows that he was awarded the World War II Victory Medal and the American Campaign Medal.

On 11 May 1983, the applicant’s WD AGO Form 53-55 was amended by a DD Form 215 to add the Purple Heart, the Good Conduct Medal, the EAME Campaign Medal with two bronze service stars, and the Army of Occupation Medal with Germany Clasp.

War Department Circular 269-1943 established the CIB and the Expert Infantryman Badge (EIB) to recognize and provide an incentive to infantrymen. The EIB was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy. The CIB was awarded for exemplary conduct in action against the enemy. War Department Circular 186-1944 further provided that the CIB was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size. Additionally, World War II holders of the CIB received a monthly pay supplement known as combat infantry pay. Therefore, soldiers had economic as well as intangible reasons to ensure that their records were correct.

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

1. The applicant’s MOS was a topographical draftsman, not an infantryman. As such, he was not entitled to the CIB.

2. The applicant was awarded two bronze service stars to his EAME Campaign Medal. Without a record of his assignments, the Board must presume that he was awarded the proper number of service stars.

3. 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

___fne___ ___rwa__ ____hbo_ DENY APPLICATION



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




INDEX

CASE ID AR2001065065
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20010611
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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