RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 May 2007
      DOCKET NUMBER:  AR20060014301


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Paul M. Smith                 |     |Chairperson          |
|     |Mr. David K. Hassenritter         |     |Member               |
|     |Mr. Edward E. Montgomery          |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, reconsideration of his request for
the Combat Infantryman Badge (CIB); and award of the Bronze Star Medal
(BSM) and Purple Heart (PH).

2.  The applicant states, in effect, he was awarded the CIB by a captain,
which should entitle him to the CIB and BSM; and that he received a cut on
his right leg above the knee cap that should entitle him to the PH.

3.  The applicant provides a newspaper article extract in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR20040002454 on 1 February 2005.

2.  During its original review of the case, the Board determined the
applicant was not serving in an infantry military occupational specialty
(MOS) and was not receiving combat infantry pay, which he would have
received if he had been awarded the CIB.  As a result, the Board
recommended the applicant's request for the CIB be denied.

3.  The applicant's separation document (WD AGO Form 53-55) shows that he
was inducted into the Army and entered active duty on 21 August 1944.  It
further shows that he held MOS 345 (Truck Driver) and that he served in the
European Theater of Operations (ETO) from 15 January 1945 through 18
January 1946.  Item 31 (Military Qualifications) does not include the CIB.


4.  Item 33 (Decorations and Citations) of the applicant's separation
document, as amended by a correction (DD Form 215) issued on 16 September
2005, shows he earned the following awards during his active duty tenure:
European-African-Middle Eastern Campaign Medal with 2 bronze service stars;
Army of Occupation Medal with Germany Clasp; World War II Victory Medal;
and Army Good Conduct Medal.  The PH and BSM are not included in the list
of authorized awards contained in Item 33, and Item 34 (Wounds Received In
Action) contains the entry "None".  The applicant authenticated the
separation document with his signature in Item 56 (Signature of Person
Being Separated) on the date of his separation, which was 20 June 1946.
5.  The applicant's Separation Qualification Record (WD AGO Form 100),
which was prepared on him during his separation processing, confirms he
served in MOS 345 for 18 months and that he performed duties in this MOS as
a truck driver while overseas and his reconstructed record is void of any
documents or orders that indicate he was ever recommended for or awarded
the CIB, BSM, or PH by proper authority while serving on active duty.
Further, there are no medical treatment records showing that he was ever
treated for a wound or injury he received as a result of enemy action while
serving in the ETO.

6.  On 20 June 1946, the applicant was honorably separated, in the rank of
private first class, after completing a total of 1 year and 10 months of
active military service.

7.  The applicant provides a newspaper article that indicates he and two
other Soldiers were awarded the CIB.  The article does not identify the
source of the information for the article.

8.  War Department Circular 269-1943 established the 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.

9.  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 and holders
of the EIB 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 Military Awards Branch of the United
States Army Human Resources Command, (USAHRC) has advised in similar cases
that, during World War II, the CIB was normally awarded only to enlisted
individuals who served in the following positions:  Light machine gunner
(604); Heavy machine gunner (605); Platoon sergeant (651); Squad leader
(653); Rifleman (745); Automatic rifleman (746); Heavy weapons NCO (812);
and Gun crewman (864)

10.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  Paragraph 2-8 contains guidance on awarding the PH and it states,
in pertinent part, that it is authorized to members who are wounded or
killed in action.  To support award of the PH, the wound must have required
treatment by medical personnel and records of medical treatment for wounds
or injuries received in action must have been made a matter of official
record.
11.  Paragraph 3-13d (2) of the awards regulation states, in effect, that
the BSM is authorized to members of the Armed Forces of the United States
who, after
6 December 1941, were cited in orders or awarded a certificate for
exemplary conduct in ground combat against an armed enemy between 7
December 1941 and 2 September 1945.  This paragraph also stipulates that
for this purpose, an award of the CIB is considered as a citation in
orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the PH was carefully
considered.  However, by regulation, in order to support award of the PH,
there must be evidence that wound for which the award is being made was
received as a result of enemy action.  The wound must have been treated by
military medical personnel and a record of this treatment must have been
made a matter of official record.

2.  The veracity of the applicant’s claim that he was cut on the knee while
serving in World War II is not in question.  However, his separation
document contains the entry “None” in Item 34, which indicates he was never
wounded as a result enemy action.  Further, the PH is not included in the
list of earned awards contained in Item 33, and the applicant authenticated
the WD AGO Form 53-55 with his signature on the date of his separation, 20
June 1946.  In effect, his signature was his verification that the
information contained on the separation document, to include the Item 33
and Item 34 entries, was correct at the time the WD AGO Form 53-55 was
prepared and issued.  Absent any evidence confirming that he was wounded as
a result of enemy action, that he was treated for a combat related wound by
military medical personnel, or that he was ever recommended for or awarded
the PH by proper authority while serving on active duty, the regulatory
burden of proof necessary to support award of the PH has not been satisfied
in this case.

3.  Notwithstanding the newspaper article provided by the applicant, as he
was advised by the Board in the original consideration of his case, there
is no evidence of record corroborating his claim of entitlement to the CIB,
or that shows he was ever recommended for or awarded the CIB by proper
authority while serving on active duty.  Further, the evidence confirms he
served in MOS 345 as a truck driver and not in an infantry MOS, as is
required by regulation to support award of the CIB.  In addition, he was
not receiving combat infantry pay, which he would have been had he been
awarded the CIB.  Therefore, the regulatory burden of proof necessary to
support award of the CIB has still not been satisfied in this case.  Given
there is no evidence to support award of the CIB, there is also an
insufficient evidentiary basis to support award of the BSM  for his
exemplary conduct in ground combat with enemy forces in the ETO, which
would have been based on his receiving the CIB.
4.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___PMS    ___DKH _  ___EEM_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice related to award of the Purple Heart and Bronze Star
Medal.  Therefore, the Board determined that the overall merits of this
case are insufficient as a basis for correction of the records of the
individual concerned.

2.  The evidence presented also does not demonstrate the existence of a
probable error or injustice related to award of the Combat Infantryman
Badge. Therefore, the Board determined that the overall merits of this case
are insufficient as a basis to amend the decision of the ABCMR set forth in
Docket Number AR20040002454, dated 1 February 2005.




                                  _____Paul M. Smith______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060014301                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/05/01                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1946/06/20                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Demobilization                          |
|BOARD DECISION          |Deny                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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