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Decision Text

ARMY | BCMR | CY2002 | 2002083312C070215
Original file (2002083312C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 8 May 2003
         DOCKET NUMBER: AR2002083312


         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. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Mr. Samuel A.Crumpler Chairperson
Mr. Mark D. Manning Member
Mr. Robert L. Duecaster 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 that his separation document be corrected to show his already awarded Combat Infantryman Badge (CIB). In addition, he requests that he be awarded the Bronze Star Medal (BSM) based on his CIB.

3. The applicant states that the timeline established by his WD-100 conclusively proves that he was an infantryman serving in combat.

4. The applicant’s military records could not be located and are presumed to have been destroyed in the fire at the records repository at St. Louis, Missouri, in 1973. The following information was derived from documents furnished by the applicant, himself, and from his final pay voucher.

5. He was inducted and entered on active duty on 29 May 1943. He attended Air Cadet school, but was awarded the Military Occupational Specialty (MOS) of Ammunition Noncommissioned Officer (NCO). He was promoted to the rank of sergeant and served in the European theater of operations from 6 October 1944 to 8 April 1946.

6. He was honorably released from active duty on 13 April 1946. His WD AGO Form 53-55, Honorable Discharge, Item 4, Arm or Service, has Inf(antry) entered. Item 30, Military Occupational Specialty and No., has Ammunition NCO entered. Item 31, Military Qualifications and Date, does not list the CIB. Item 33, Decorations and Citations, has the Good Conduct Medal, the World War II Victory Medal, the American Campaign Medal, and the European-African-Middle Eastern Campaign Medal entered.

7. The applicant’s WD AGO Form 100, Separation Qualification Record, shows the applicant served 4 ½ months as a private in basic combat training; he served 1 month as a light mortar crewman in the rank of private first class; he served 5 months as a munitions worker in the rank of private first class; and he served the remainder of his induction serving as an ammunition NCO in the rank of sergeant.

8. The applicant’s WD Form 372A, Final Payment – Work Sheet, shows that the applicant was paid $14.33 in Combat Infantry Pay for the period 1 March to 13 April 1946.

9. War Department Circular 269-1943 established the Combat Infantryman Badge (CIB) and the Expert Infantryman Badge (EIB) to recognize and provide an incentive to infantrymen. The EIB was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy. The CIB was awarded for exemplary conduct in action against the


enemy. War Department Circular 186-1944 further provided that the CIB was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size. Additionally, World War II holders of the CIB received a monthly pay supplement known as Combat Infantry Pay.10. Army Regulation 600-8-22 provides the guidance for Army awards and decorations. In this regulation several awards and decorations are provided specifically for service during WWII which were enacted subsequent to the demobilization of WWII. These WWII specific provisions include award of the BSM 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 where such achievement or service, during the period, was confirmed by documents executed prior to 1 July 1947. An award of the CIB is considered to be a citation in orders. This means, in effect, that BSM’s were awarded to individuals who were authorized the CIB for service during WWII.
CONCLUSIONS:

1. Contrary to the applicant’s contentions, his separation documents do not support his contention that he was awarded the CIB, or that he should have been awarded the CIB. These documents show that he was awarded the MOS of an Ammunition NCO, and served as an Ammunition NCO. The only contradiction is his WD AGO Form 53-55, Item 4, Arm or Service, which lists him as an infantryman.

2. However, the applicant’s final pay voucher shows that he was receiving Combat Infantry Pay. This is conclusive evidence that the applicant was, in fact, awarded the CIB.

3. Since the applicant was awarded the CIB, then he is entitled to be awarded the BSM, based on policies enacted subsequent to his separation.

4. 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:

         a. adding to the WD AGO Form 53-55 of the individual concerned his already awarded CIB; and



         b. awarding to him the BSM based on his CIB.

BOARD VOTE:

___mdm_ ____sac_ ____rld__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________Samuel A.Crumpler________
                  CHAIRPERSON




INDEX

CASE ID AR2002083312
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030506
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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