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ARMY | BCMR | CY2002 | 2002080483C070215
Original file (2002080483C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 April 2003
         DOCKET NUMBER: AR2002080483


         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. Beverly A. Young Analyst


The following members, a quorum, were present:

Mr. Melvin H. Meyer Chairperson
Mr. Curtis L. Greenway Member
Ms. Mae M. Bullock 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 correction of his records to show award of the Combat Infantryman Badge.

3. The applicant states that he spent many days in combat while in Africa and in Europe as a motorcycle scout. He claims that he performed engineer duties, which included mine sweeps to clear booby traps, and worked with regular infantry units. He feels that this qualifies him for the Combat Infantryman Badge. In support of his application, he submitted a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) and a DA Form 1577 (Authorization for Issuance of Awards).

4. The applicant’s military records were destroyed or lost in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that he was inducted into the Army of the United States on 12 March 1941. He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 378 (Motorcycle Scout). He served in the European-African-Middle Eastern Theater of Operations from 8 November 1942 to 16 April 1945. The applicant was honorably discharged from active duty on 28 September 1945 by reason of physical disability.

5. The applicant's WD AGO Form 53-55 does not show the Combat Infantryman Badge as an authorized award.

6. The applicant's WD AGO Form 53-55 shows he was awarded MOS 378 and was assigned to Company B, 36th Engineer Regiment during World War II.

7. The Board noted that the applicant is entitled to award of the Prisoner of War (POW) Medal, the European-African-Middle Eastern Service Medal with one silver service star and three bronze service stars, the World War II Victory Medal, and the American Campaign Medal which are not shown on his discharge document.

8. Evidence available to the Board shows the applicant was wounded in action and was captured by the enemy on 23 January 1945 and was returned to military control on 27 March 1945.

9. The applicant provided a copy of a DA Form 1577, dated 7 March 1989, which shows that he was issued the POW Medal.

10. The applicant's WD AGO Form 53-55 shows the European-African-Middle Eastern Service Medal as an authorized award. Item 32 (Battles and Campaigns) on his WD AGO Form 53-55 shows he received credit for participation in the Algeria-French Morocco, Tunisia, Sicily, Naples-Foggia, Rome-Arno, Southern France, Northern France, and Rhineland campaigns.
11. 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)

12. Army Regulation 600-8-22 provides, in pertinent part, for award of the POW Medal. The regulation states that the POW Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive.

13. 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. This regulation also states that a silver service star is authorized in lieu of five bronze service stars.

14. 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.

15. Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal. This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946. Qualifying service includes permanent assignment outside the continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

CONCLUSIONS:

1. The Board considered the applicant's claim that he is entitled to award of the Combat Infantryman Badge based on his many days in combat in Africa and in Europe as a motorcycle scout, his performance of engineer duties and his work with regular infantry units.

2. However, evidence available to the Board shows the applicant was awarded MOS 378 and served with the 36th Engineer Regiment during World War II. Therefore, he is not eligible for award of the Combat Infantryman Badge at the time of his service in the European-African-Middle Eastern Theater of Operations and there is no basis for correcting his records to show this badge.

3. Evidence available to the Board shows the applicant was wounded and held captive by the enemy on 23 January 1945 and was returned to military control on 27 March 1945. Therefore, he is entitled to correction of his records to show award of the POW Medal.

4. The applicant's WD AGO 53-55 shows the European-African-Middle Eastern Service Medal as an authorized award. However, evidence of record shows he received credit for participation in eight campaigns while assigned in the European-African-Middle Eastern Theater of Operations. Therefore, in accordance with the governing regulation, the applicant is entitled to correction of his records to show one silver service star and three bronze service stars to be worn on his European-African-Middle Eastern Service Medal.

5. The applicant served a period of qualifying service for award of the World War II Victory Medal and the American Campaign Medal. Therefore, he is entitled to correction of his WD AGO Form 53-55 to show these awards.

6. 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 the POW Medal, the European-African-Middle Eastern Service Medal with one silver service star and three bronze service stars, the World War II Victory Medal, and the American Campaign Medal.

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

BOARD VOTE:

MHM____ CLG_____ MMB___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Melvin H. Meyer_______
                  CHAIRPERSON




INDEX

CASE ID AR2002080483
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030422
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT IN PART
REVIEW AUTHORITY Mr. Schneider
ISSUES 1. 107.0111
2.
3.
4.
5.
6.


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