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ARMY | BCMR | CY2002 | 2002067662C070402
Original file (2002067662C070402.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 11 June 2002
         DOCKET NUMBER: AR2002067662

         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
Ms. Wanda L. Waller 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: Award of the Combat Infantryman Badge.

APPLICANT STATES: That he should be entitled to the Combat Infantryman Badge for his combat action in France during World War II. He contends that his records show that he served as a rifleman with Company A, 422nd Infantry of the 106th Infantry Division during World War II. In support of his application, he submits a copy of his DD Form 215 (Correction to DD Form 214) issued on
16 January 1981 and his WD AGO Form 53-55 (Enlisted Record and Report of Separation).

EVIDENCE OF RECORD: 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 3 August 1944. He served as a rifleman in the European Theater of Operations from 2 April 1945 through 12 June 1946 and was honorably discharged on 26 June 1946.

The applicant’s WD AGO Form 53-55, which was authenticated in his own hand, does not show the Combat Infantryman Badge as an authorized award.

The available records show the applicant served in military occupational specialty (MOS) 745 (rifleman) and was assigned to Company A, 422nd Infantry of the 106th Infantry Division during World War II.

There are no orders for the Combat Infantryman Badge in the available records.

The applicant’s War Department Form 372A (Final Payment – Work Sheet) does not reflect entitlement to combat infantry pay.

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)

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. Although the applicant contends that he should be entitled to the Combat Infantryman Badge due to his combat action during World War II, there is no evidence of record which shows the applicant performed exemplary conduct in action against the enemy.

2. There are no orders for the Combat Infantryman Badge, the applicant signed his discharge document attesting to the fact that he was not entitled to the Combat Infantryman Badge and his Final Payment Work Sheet does not show entitlement to combat infantry pay. Therefore, the Board determined that there was insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

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 would satisfy 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

FNE____ RWA____ HBO_____ DENY APPLICATION



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




INDEX

CASE ID AR2002067662
SUFFIX
RECON
DATE BOARDED 20020611
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 107.0111
2.
3.
4.
5.
6.


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