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Decision Text

ARMY | BCMR | CY2002 | 2002081623C070215
Original file (2002081623C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 May 2003
         DOCKET NUMBER: AR2002081623


         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. Thomas B. Redfern Chairperson
Ms. Linda D. Simmons Member
Mr. John T. Meixell 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. Counsel states, on behalf of the applicant, that the veteran served four months as an infantryman in military occupational specialty (MOS) 745 (Rifleman) in the European-African-Middle Eastern Theater of Operations from September 1944 to December 1944. Counsel also states that the applicant was then transferred to the 35th Infantry Division where he served his last 12 months of service. In support of his application, he submitted a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation), his WD AGO Form 100 (Separation Qualification Record), and orders awarding him the Purple Heart.

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 that he was inducted in the Army of the United States on 15 December 1943. He served in the European-African-Middle Eastern Theater of Operations from 6 September 1944 to 5 September 1945. The applicant was honorably discharged from active duty on 18 November 1945.

5. The applicant's WD AGO Form 53-55 does not show award of the Combat Infantryman Badge in item 31 (Military Qualification and Date). Item 4 (Arm or Service) on his discharge document shows his branch of service as "Infantry."

6. There are no pay records available to the Board for review which would show entitlement to combat infantry pay if authorized.

7. Item 30 (Military Occupational Specialty and Number) on the applicant's WD AGO Form 53-55 shows he was awarded MOS 677 (Military Policeman).

8. The applicant's WD AGO Form 100 shows that he served in MOS 745 for 4 months and then as a military policeman. This document indicates that the applicant served as a rifleman with Company F, 320th Infantry Regiment of the 35th Division in combat in France, Belgium and Germany from September 1944 until he was wounded on 9 December 1944.

9. The applicant provided a copy of Headquarters 35th Infantry Division General Orders Number 59, dated 31 December 1944, which awarded him the Purple Heart for wounds sustained on 9 December 1944. These orders indicate that the applicant was an infantryman while assigned to the 35th Infantry Division.

10. 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)

11. 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.

CONCLUSIONS:

1. The Board considered the applicant's request for award of the Combat Infantryman Badge.

2. Evidence available to the Board shows the applicant was awarded MOS 745 and served as a rifleman with the 320th Infantry Regiment of the 35th Infantry Division in combat during World War II; therefore, he was eligible for award of the Combat Infantryman Badge.

3. The Board concluded that he was not awarded the Combat Infantryman Badge through administrative oversight. Records indicate he served as an infantryman in combat in Belgium and Germany until he was wounded in action on 9 December 1944.

4. The Board determined that in view of his infantry service terminated by wounds sustained in action, the applicant met the requirement of "exemplary conduct in action against the enemy;" therefore, he is entitled to award of the Combat Infantryman Badge and correction of his records to show this badge.

5. Based on the applicant's award of the Combat Infantryman Badge, he is also entitled to award of the Bronze Star Medal. Therefore, his records will be amended to show this award.

6. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Combat Infantryman Badge and the Bronze Star Medal.

BOARD VOTE:

TBR_____ LDS_____ JTM____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Thomas B. Redfern_____
                  CHAIRPERSON



INDEX

CASE ID AR2002081623
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030501
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. 107.0111
2.
3.
4.
5.
6.


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