PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 27 June 2002
         DOCKET NUMBER: AR2002070703


         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
M r. W. W. Osborn, Jr.		Analyst

The following members, a quorum, were present:

Ms. Irene N. Wheelwright		Chairperson
Ms. Kathleen A. Newman		Member
Mr. Richard T. Dunbar		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.

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2. The applicant requests, in effect, reconsideration of his earlier appeal to correct his records by awarding him the Combat Infantryman Badge (CIB).

3. The applicant states, in effect, that his WD AGO Form 100 (Separation Qualification Record) shows his military occupational specialty (MOS) as 745, rifleman.

4. Incorporated herein by reference are military records which were summarized in the decisional document prepared to reflect the Board's previous consideration of the case (AR2000035764) on 1 August 2000.

5. The applicant’s Final Payment Voucher shows that he was authorized Combat Infantry Pay thereby indicating that he had been awarded the CIB. Available medical records show he was attached to L Company, 110th Infantry, 28^th Infantry Division on 31 July 1944 when he was wounded in action and on 16 January 1945 when he was hospitalized for trench foot. A telegram to the applicant's father reported that he had also been wounded in action in Germany on 10 November 1944.

6. Item 32 of his WD AGO 53-55 (Enlisted Record and Report of Separation) shows that he was credited with participation in the Normandy, Northern France, Central Europe and Rhineland Campaigns and Item 34 lists his decorations and citations as the Purple Heart, the Good Conduct medal, the European-African-Middle Eastern Campaign Medal and the American Service Medal.

7. Army Regulation 15-185 sets forth the procedures for processing requests to correct military records. Paragraph 2-15b provides the procedures applicable when a request for reconsideration is received more than one year after the Board’s original consideration or after the Board has already reconsidered the case. The Board will reconsider such a case only if the staff determines that there is substantial relevant evidence that shows fraud, mistake in law, mathematical miscalculation, manifest error, or if there is relevant new evidence discovered contemporaneously with or within a short time after the Board’s original decision.

8. The staff has determined that there is substantial relevant evidence that shows a manifest error in that the applicant has already been awarded the CIB. Board consideration is warranted.

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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. 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.

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 such 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, that the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

12. Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European -African-Middle Eastern Campaign Medal. A silver service star is used in lieu of five bronze service stars. A bronze oak leaf cluster is used to designate subsequent awards of most awards and decorations.

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13. Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that the applicant's unit was awarded the Meritorious Unit Citation for the periods 24 July through 31 December 1944 and 8 November 1944 through 8 May 1945. It was also credited with participation in the Normandy, Northern France, Ardennes-Alsace, Central Europe and Rhineland Campaigns and was authorized occupation credit for Germany for the period 2 May through 6 July 1945.

14. Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location. Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility. For Germany service must have been between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

15. Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal. It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

CONCLUSIONS:

1. The record shows that the applicant was awarded the CIB prior to his discharge and that award should be reflected on his discharge document.

2. He is entitled to award of the Bronze Star Medal based upon the CIB.

3. The applicant was wounded in action the second time on 10 November 1944 as evidenced by the telegram to his father. He is entitled to a second award of the Purple Heart.

4. His combat unit was twice awarded the Meritorious Unit Commendation and those awards should be listed on his discharge document.

5. The applicant served in five campaign periods and is entitled to a silver service star in lieu of five bronze service stars for wear on the European-African-Middle Eastern Campaign Medal.

6. His unit was awarded occupation credit for Germany and the applicant should be awarded the Army of Occupation Medal with Germany clasp.

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7. He is entitled to the World War II Victory Medal.

8. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below correct errors.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that individual has been awarded the CIB, the Bronze Star Modal, the Purple Heart with First Oak Leaf Cluster, the Good Conduct Medal, the Meritorious Unit Commendation with First Oak Leaf Cluster, the European-African-Middle Eastern Campaign Medal with a silver service star, the American Campaign Medal, the Army of Occupation Medal with Germany clasp and the World War II Victory Medal.

2. That item 31 (Military Qualifications) of his WD AGO 53-55 be corrected to show the CIB and that item 32 (Battles and Campaigns) be corrected by adding the Ardennes-Alsace campaign.

BOARD VOTE:

__INW___ ___KAN_ ___RTD_ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Irene N. Wheelwright_
                  CHAIRPERSON

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INDEX

CASE ID	AR2002070703
SUFFIX
RECON
DATE BOARDED	20020627
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	Grant
REVIEW AUTHORITY
ISSUES 1.	107.00
2.
3.
4.
5.
6.