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ARMY | BCMR | CY2002 | 2002081860C070215
Original file (2002081860C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 May 2003
         DOCKET NUMBER: AR2002081860


         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. Fred N. Eichorn Chairperson
Ms. Lana E. McGlynn Member
Mr. Larry C. Bergquist 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 award of the Combat Infantryman Badge.

3. The applicant states that the omission of the Combat Infantryman Badge was probably an oversight based on the fact that he received the Asiatic-Pacific Theater Service Medal with three bronze service stars and the Philippine Liberation Service Medal with one bronze service star. In support of his application, he submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation).

4. The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show the applicant was inducted on 5 January 1943. He served as an antiaircraft artillery automatic weapons crewman in the Asiatic-Pacific Theater of Operations from 21 April 1944 through 8 October 1945 and was honorably discharged on 28 October 1945.

5. The applicant's WD AGO Form 53-55, which was authenticated in his own hand, does not show the Combat Infantryman Badge as an authorized award.

6. There are no orders in the available records which show the applicant was awarded the Combat Infantryman Badge.

7. The available records show the applicant was assigned to Battery C, 103rd Field Artillery Battalion of the 43rd Infantry Division in military occupational specialty (MOS) 601 (antiaircraft artillery automatic weapons crewman) during his assignment in the Asiatic-Pacific Theater of Operations.

8. There is no evidence in the available records which shows the applicant received combat infantry pay during World War II while assigned in the Asiatic-Pacific Theater of Operations.

9. The Board notes that the applicant is eligible for the American Campaign Medal and the World War II Victory Medal which are not shown on his WD AGO Form 53-55.

10. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, unit awards and citations authorized for units which served during World War II. This document shows the unit to which the applicant was assigned received the Philippine Presidential Unit Citation for actions during the period
17 October 1944 to 4 July 1945 by Department of Army General Orders 47-50. This unit citation is not shown on his WD AGO Form 53-55.

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)
h. Gun crewman (864)

12. Army Regulation 600-8-22 (Military Awards) 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.

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. Evidence of record shows the applicant served in MOS 601 (antiaircraft artillery automatic weapons crewman), not in an infantry MOS.
2. Evidence of record shows the applicant was assigned to an artillery battalion, not an infantry unit of brigade, regimental or smaller size.

3. There is no evidence of record that the applicant met the qualifications for award of the Combat Infantryman Badge. Therefore, the Board determined that there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

4. The applicant served a period of qualifying service for award of the American Campaign Medal and the World War II Victory Medal. Therefore, his military records should be corrected to show these medals.

5. The applicant's unit received the Philippine Presidential Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his military records to show this unit citation.

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 that the individual concerned was awarded the American Campaign Medal, the World War II Victory Medal and the Philippine Presidential Unit Citation.

2. That so much of the application as pertains to award of the Combat Infantryman Badge be denied.

BOARD VOTE:

FNE____ LEM____ LCB_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Fred N. Eichorn_____
                  CHAIRPERSON




INDEX

CASE ID AR2002081860
SUFFIX
RECON
DATE BOARDED 20030506
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0111
2. 107.0000
3.
4.
5.
6.


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