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ARMY | BCMR | CY2002 | 2002066805C070402
Original file (2002066805C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 April 2002
         DOCKET NUMBER: AR2002066805


         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
Mr. Jessie B. Strickland Analyst

The following members, a quorum, were present:

Ms. Irene N. Wheelwright Chairperson
Ms. Melinda M. Darby Member
Mr. John T. Meixell 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 he be awarded the Combat Infantryman Badge (CIB).

3. The applicant states, in effect, that he did everything that was asked of him and can find no reason why he was not awarded the CIB. He further states that he spent 60 days in combat, was wounded and was treated for combat exhaustion. The only explanation he can think of for not being awarded the CIB is that he was sent to the rear for combat exhaustion.

4. The applicant’s military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, which destroyed millions of service records. However, information obtained from the National Archives and other alternate sources show that he was inducted on 8 March 1943 and entered active duty on 17 March 1943, at Fort Leavenworth, Kansas.

5. He completed his training and departed for the European Theater of Operation (ETO) on 12 May 1944. He arrived in the ETO on 25 May 1944 and was assigned to Company I, 3rd Battalion, 12th Regiment, 4th Infantry Division. He was awarded the Expert Infantryman Badge (EIB) on 9 July 1944, for “satisfactory” performance of duty in action against the enemy, with an entitlement to additional pay in the amount of $5.00 per month. The same order that awarded the applicant the EIB contains a list of 55 other soldiers who were awarded the CIB for “Exemplary” conduct in action against the enemy.

6. The applicant was wounded in France on 13 July 1944 and was evacuated to the 22nd General Hospital for treatment. He was awarded the Purple Heart on 28 July 1944 and was returned to his unit on 22 September 1944.

7. He participated in the Northern France, Rhineland and Normandy campaigns, was returned to the United States on 6 January 1946, and was honorably discharged at Jefferson Barracks, Missouri on 11 January 1946, in the rank of Technician Fifth Grade (T5), today’s equivalent of a private first class. He was awarded the EIB, the Purple Heart, the American Theater Campaign Ribbon, the European-African-Middle Eastern Theater Campaign Ribbon with three bronze service stars, the Good Conduct Medal, and the World War II Victory Medal.

8. A review of the applicant’s report of separation (WD AGO Form 53-55) shows that at the time of his separation, he was classified as a supply clerk.

9. Army Regulation 600-8-22 provides the criteria for award of the EIB and CIB. It states, in pertinent part, that the EIB is awarded to infantry and Special Forces personnel who pass the required proficiency tests associated with that badge. To be eligible for the CIB, an individual must be an infantryman with an infantry military occupational specialty (MOS) and must perform 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. Battle participation credit alone is not sufficient.

10. Army Regulation 600-8-22 provides, in pertinent part, that 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 (CIB) or the Combat Medical Badge is considered to be a citation in orders. This means, in effect, that the Bronze Star Medal (BSM) is to be awarded to individuals who were authorized either badge for service during World War II (WWII).

CONCLUSIONS:

1. While the Board cannot ascertain at what point the applicant was classified as a supply clerk, it is apparent that he was assigned to an infantry unit, that he was wounded in combat, that he was awarded the EIB and the additional combat infantryman pay associated with being an infantryman. Accordingly, it must be presumed that he was serving as an infantryman in combat at the time.

2. The applicant was assigned to an infantry unit in combat during WWII and was awarded the EIB on 9 July 1944 for satisfactory performance of duty in action against the enemy. He was wounded 4 days later (13 July 1944), was evacuated for treatment and was awarded the Purple Heart. Accordingly, the Board finds that he is entitled to award of the CIB effective 13 July 1944.

3. Likewise, the applicant is also entitled to the award of the BSM for his service during WWII, based on his award of the CIB.

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 by awarding the individual the CIB, effective 13 July 1944, and the BSM for service during WWII based on his award of the CIB.

BOARD VOTE:

__jm____ ___md __ __inw ___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Irene N. Wheelwright____
                  CHAIRPERSON




INDEX

CASE ID AR2002066805
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/04/16
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 157 107.0111/CIB
2. 60 107.0014/BSM
3.
4.
5.
6.


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