PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 February 2003
         DOCKET NUMBER: AR2002075788


         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
Ms. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Mr. Ronald E. Blakely		Member
Mr. Lawrence Foster		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 reconsideration of his previous application to correct his military records by awarding him the Purple Heart. He also requests that item 30 (Military Occupational Specialty and No.) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show his military occupational specialty (MOS) as "Rifleman 745" instead of "Postal Clerk 056", which is a new issue.

3. The applicant states that he was wounded in action in February 1945. He also contends that his MOS is shown as a postal clerk because he was assigned to the Post Office in Munich awaiting his stateside transfer.

4. Incorporated herein by reference are military records which were summarized in the Memorandum of Consideration prepared to reflect the consideration of Docket Number AR2000041626 by the Army Board for Correction of Military Records (ABCMR) on 11 January 2001.

5. On 22 May 2001, the staff of the ABCMR reviewed a request for reconsideration and the staff determined that the applicant had not provided any new evidence and his request was closed without further action. On 17 August 2001, the ABCMR considered and denied another request for reconsideration.

6. With his request for reconsideration for award of the Purple Heart, the applicant submitted a letter of explanation, dated 10 July 1998. This same letter was provided with his request for reconsideration, dated 17 August 2001. As a result, there is no basis for the ABCMR to further consider the applicant's request for award of the Purple Heart. Therefore, this portion of the applicant's request is not discussed further in these Proceedings because the applicant has not submitted substantial newly discovered relevant evidence or relevant evidence which shows fraud, mistake in law, mathematical miscalculation, or manifest error.

7. In his current request, the applicant requests that his MOS be corrected to show "Rifleman 745" instead of "Postal Clerk 056." This request is a new issue which will be considered by the Board.

8. Item 30 (Military Occupational Specialty and No.) on the applicant's WD AGO 53-55 (Enlisted Record and Report of Separation) shows the entry, "POSTAL CLERK 056."

9. The applicant's WD AGO Form 53-55 shows that he served in the European Theater of Operations from 17 October 1944 through 28 May 1946 and participated in two battles and campaigns. His WD AGO Form 53-55 also shows entitlement to the Combat Infantryman Badge.

10. The applicant's WD AGO Form 100 (Separation Qualification Record) shows that he served as a rifleman (745) for 14 months during his assignment in the European Theater of Operations.

11. The applicant's WD AGO Form 100 also shows that he served his last six months of military service as a postal clerk (056).

12. 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)

13. 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.

14. Army Regulation 600-8-22, in pertinent part, authorizes award of the European-African-Middle Eastern Campaign Medal for qualifying service in the European-African-Middle Eastern Theater of Operations for the period 7 December 1941 to 8 November 1945. 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 or listed 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 campaign or service medal including the European-African-Middle Eastern Campaign Medal.

15. Army Regulation 15-185 (Army Board for Correction of Military Records) sets forth the policy and procedures for the ABCMR. It provides that, if a request for reconsideration is received within one year of the prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence that was not in the record at the time of the Board’s prior consideration. This includes but is not limited to any facts or arguments as to why relief should be granted. The staff of the Board is authorized to determine whether or not such evidence has been submitted.

16. Army Regulation 15-185 provides further guidance for reconsideration requests that are received more than one year after the Board’s original consideration or after the Board has already reconsidered the case. In such cases, the staff of the Board will review the request to determine if substantial relevant evidence has been submitted that shows fraud, mistake in law, mathematical miscalculation, manifest error, or if there exists substantial relevant new evidence discovered contemporaneously with or within a short time after the Board’s original decision. If the staff finds such evidence, the case will be resubmitted to the Board. If no such evidence is found, the application will be returned without action.

CONCLUSIONS:

1. The applicant's request to change his MOS to rifleman (745) is supported by the evidence of record.

2. The applicant's WD AGO Form 53-55 shows that he served in MOS rifleman (745) for 14 months during his assignment in the European Theater of Operations.

3. The applicant's WD AGO Form 53-55 shows the applicant received the Combat Infantryman Badge during World War II.





4. Based on the foregoing, the Board concluded that the applicant's service as a rifleman in the European Theater of Operations for 14 months was more significant than his service as a postal clerk for six months. Therefore, as an exception to policy, the Board directed that item 30 (Military Occupational Specialty and No.) on the applicant's WD AGO Form 53-55 be corrected to show MOS rifleman (745).

5. The Board notes that the applicant is also entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge and correction of his WD AGO Form 53-55 to show this award.

6. The applicant’s WD AGO Form 53-55 shows the European-African-Middle Eastern Campaign Medal as an authorized award. However, evidence of record shows the applicant participated in two battles and campaigns during World War II which are not correctly shown by award of two bronze service stars for wear on his European-African-Middle Eastern Campaign Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the European-African-Middle Eastern Campaign Medal with two bronze service stars and correction of his WD AGO Form 53-55 to show these awards.

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:

That all of the Department of the Army records related to this case be corrected:

         a. by deleting the entry, "POSTAL CLERK 056" in item 30 (Military Occupational Specialty and No.) on the WD AGO Form 53-55 of the individual concerned;

         b. by adding the entry, "RIFLEMAN 745" in item 30 on his WD AGO Form 53-55;

         c. by deleting the entry, "EUROPEAN-AFRICAN-MIDDLE EASTERN CAMPAIGN MEDAL" in item 33 (Decorations and Citations) on the WD AGO Form 53-55; and

         d. by adding the entries, "Bronze Star Medal (based on award of the Combat Infantryman Badge)" and "European-African-Middle Eastern Campaign






Medal with two bronze service stars" in item 33 (Decoration and Citations) on his WD AGO Form 53-55.

BOARD VOTE:

JNS____ REB_____ LF______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _John N. Slone________
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002075788
SUFFIX
RECON	Yes
DATE BOARDED	20030225
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	100.0500
3.
4.
5.
6.