PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 July 2002
         DOCKET NUMBER: AR2002073504


         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. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Melvin H. Meyer		Member
Mr. Donald P. Hupman		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 award of the Combat Infantryman Badge and award of the Bronze Star Medal based on award of the Combat Infantryman Badge. He also requests, in effect, that his rank be corrected to Technical Sergeant.

3. The applicant states that he went through “very intense infantry training” at Fort Benning, Georgia, and Camp Van Dorn, Mississippi. He also states that he was in dangerous situations from front lines to five miles behind the front lines in Alsace Lorraine, France, and Germany. He also states that, in the Seventh Army Headquarters, G-3 Section, he was responsible for Top Secret material and was in a responsible position which called for a Technical Sergeant rating.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show he entered active duty on 19 January 1944. He served in the European-African-Middle Eastern Theater of Operations from 14 January 1945 through 9 April 1946. The applicant was honorably discharged on 23 April 1946.

5. The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) does not show the Combat Infantryman Badge or the Bronze Star Medal as authorized awards.

6. There are no orders which show that the applicant was awarded the Combat Infantryman Badge. The applicant’s WD AGO Form 100 (Separation Qualification Record) essentially shows in item 13 (Title-Description) that he was assigned to the 63rd Infantry Division, but served as an orderly in military occupational specialty 590 and as a file clerk in military occupational specialty 405 in the G-3 Section of the Seventh Army Headquarters.

7. The applicant’s WD AGO Form 53-55 shows that he was separated as a technician five (grade five). His discharge document also shows in item 38 (Highest Grade Held) the entry, “T/5” [technician fifth grade]. His WD AGO Form 100 (Separation Qualification Record) shows that he served 10 months as a “Tec-5.” There is no evidence in the available records which shows that he ever held the rank of Technical Sergeant during his service in the Army.

8. Review of the applicant’s records reveals that he is entitled to two bronze service stars to be worn on his European-African-Middle Eastern Theater Service Ribbon and the World War II Victory Medal which are not shown on his WD AGO Form 53-55.

9. War Department Circular 269-1943 established the Combat Infantryman Badge to recognize and provide an incentive to infantrymen. 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, U.S. 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. A review of the enlisted rank/pay grade structure of the Army between 1 September 1942 and 31 July 1948, shows that the three lowest pay grades (grade 7 through grade 5) essentially consisted of a private (grade 7); private first class (grade 6); and corporal/technician five (grade 5). The rank structure existing during this period also provided that grade 4 personnel carried the rank title of sergeant/technician four; grade 3 personnel carried the rank title of staff sergeant or technician three; grade two personnel carried the rank title of technical sergeant; and grade one personnel were referred to as master sergeant or first sergeant. During World War II, many enlisted personnel held a higher rank temporarily, with the title of "“acting" before the rank, but no promotion orders were issued and they were not entitled to pay at the higher rank level.

12. Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or in item 32 (Battles and Campaigns) of the WD AGO Form 53-55. The regulation states that authorized bronze service stars will be worn on the appropriate service medal which in this case is the European-African-Middle Eastern Theater Service Ribbon.

13. 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 Board considered the applicant’s request for award of the Combat Infantryman Badge.

2. Available records show that the applicant served as a clerk typist at Seventh Army Headquarters. By regulation, award of the Combat Infantryman Badge is predicated on service in an infantry military occupational specialty at regimental or lower level in ground combat.

3. Since the applicant served at an Army Headquarters, which is two echelons higher than regimental level, and since there is no evidence that the applicant served in ground combat against the enemy, the Board determined that he was not eligible for award of the Combat Infantryman Badge during his service in World War II. Further, since he was not eligible for award of the Combat Infantryman Badge, then he is not eligible for award of the Bronze Star Medal based on award of the Combat Infantryman Badge.

4. There is no evidence that the applicant was advanced to the rank of Technical Sergeant. His discharge document shows that his highest grade held was Technician Five (grade 5). Therefore, there is insufficient evidence upon which to correct the applicant’s records to show that he was a Technical Sergeant (grade 2).

5. The applicant’s WD AGO Form 53-55 shows that he served in the Rhineland and Central Europe Campaigns during World War II. Therefore, he is entitled to two bronze service stars to be worn on his European-African-Middle Eastern Theater Service Ribbon and correction of his records to show the European-African-Middle Eastern Theater Service Ribbon with two bronze service stars.

6. Based on the applicant’s service during World War II, he is entitled to award of the World War II Victory Medal and correction of his records to show this award.

7. 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 the individual concerned was awarded two bronze service stars to be worn on his European-African-Middle Eastern Theater Service Ribbon and the World War II Victory Medal.

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

BOARD VOTE:

__FNE___ _MHM__ __DPH__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Mr. Fred N. Eichorn_
_                 CHAIRPERSON

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INDEX

CASE ID	AR2002073504
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020716
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	MR SCHNEIDER
ISSUES 1.	107.0000,0000
2.
3.
4.
5.
6.