IN THE CASE OF:	  

	BOARD DATE:	  26 June 2008

	DOCKET NUMBER:  AR20080006015 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his father, a deceased former service member (FSM) be awarded the Combat Infantryman Badge (CIB) and the Bronze Star Medal (BSM). 

2.  The applicant states, in a two-page letter, in effect, that his father related to him his combat service during World War II (WWII) in which he fought in The Battle of the Bulge and he (the applicant) believes that his father is entitled to award of the CIB and the BSM.  He goes on to state that he has attempted to obtain his father’s records and was informed that they had been lost in a fire in the 1970’s and therefore he has attempted to gather up the limited records his father kept.  He also states that based on the conversation he had with his father, he is absolutely convinced that is father is entitled to awards of the CIB and BSM. 

3.  The applicant provides a two-page letter explaining his request, a copy of a document from the FSM’s records, an article on the 29th Infantry Regiment, a Report of Separation (WD AGO Form 53-55) dated 18 November 1945, an explanation/description of the BSM, and a copy of the FSM’s death certificate. 

CONSIDERATION OF EVIDENCE:

1.  The FSM’s records appear to be very complete and intact and account for all of his service.  They show that the FSM was born on 29 September 1918 and he enlisted at Fort Benning, Georgia on 5 May 1938, for a period of 3 years and service in the Philippines as an infantryman.  He completed his training and was transferred to the Philippines on 24 October 1938.  He remained in the Philippines until he was transferred back to Fort Benning, on 15 January 1941 for assignment to the Company C, 29th Infantry Regiment.

2.  The FSM departed from Boston, Massachusetts with his unit for Iceland on 7 August 1943.  He and his unit were subsequently transferred to the United Kingdom, Scotland, France and Belgium and was promoted to the temporary rank of technical sergeant on 31 December 1943 (while in Iceland).  He returned to the United States on 22 September 1945 and was transferred to Fort Benning.

3.  On 24 November 1947, the FSM’s adjutant dispatched a letter to the Demobilized Personnel records Branch at St. Louis, Missouri regarding Combat Infantry Pay.  The FSM had indicated that the men of the 29th were told that it would be authorized for some of them; however, he had been discharged before notification was received.  A response to that inquiry was dispatched to the FSM’s commander on 3 September 1948 from The Adjutant General indicating that there was no record of the FSM having been engaged in active ground combat and therefore he was not entitled to award of the CIB.    

4.  The FSM remained on active duty through a series of continuous reenlistments and was promoted to the rank of master sergeant (E-7) on 10 February 1950.  

5.  On 1 October 1951, while serving in the Michigan Reserve Officer Training Corps (ROTC) Instructor Group, he was honorably discharged in the rank of master sergeant at the convenience of the government for the purpose of accepting an appointment as a warrant officer junior grade (WO1).  He was appointed as a WO1 in the Adjutant General Corps on 2 October 1951, with a concurrent call to active duty.  He remained with his unit as an administrative assistant.  

6.  On 18 January 1952 he was transferred to Korea and was assigned to the 35th Infantry Regiment for duty as a unit administrator.  He departed Korea on 2 November 1952 and was transferred to Camp Stewart, Georgia.  He was promoted to the rank of Chief Warrant Officer Two (CW2) on 28 December 1954.

7.  On 30 June 1955, the FSM was reclassified to the military occupational specialty (MOS) of a track vehicle maintenance officer due to an over-strength of personnel officers in the Army.  He was transferred to Germany on 9 March 1956 and despite being reclassified to a maintenance warrant officer MOS, he was assigned to an armored cavalry regiment for duty as a personnel officer.  His family, to include the applicant arrived in Germany on 10 May 1956.

8.  He departed Germany on 15 May 1959 aboard the United States Naval Ship (USNS) PATCH, along with his wife, the applicant and his brother and sister and was transferred to Fort Hamilton, New York, where he was honorably released from active duty as a CW2 on 27 May 1959.  He reenlisted on 28 May 1959 in the rank of master sergeant and continued to serve at Fort Stewart until he was honorably discharged on 31 August 1960 and was transferred to the Retired List in the rank of CW2 effective 1 September 1960.  He had served 22 years, 2 months and 23 days of total active service.

9.  A review of the FSM’s Official Military Personnel File (OMPF) fails to reveal copies of any orders awarding him the CIB.  There is also no evidence to show that he received combat infantry pay or that he was ever recommended for award of the BSM.

10.  The FSM passed away on 6 March 2006 at the age of 87.

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.

12.  War Department Circular 186-1944 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.

13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge.  That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.
 
14.  AR 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.  
       
DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that his father, the FSM, was deserving of the award of the CIB and BSM is not in doubt, there is no evidence in the FSM’s OMPF that he actively engaged the enemy while serving as an infantryman in an infantry unit during WWII.  

2.  Additionally, there is no evidence in what appears to be a very comprehensive account of his service during WWII to show that he was receiving combat infantry pay.  

3.  This is also confirmed by the request that was submitted in 1947 in which the FSM was inquiring as to his eligibility for award of combat infantry pay and the CIB and was informed at that time, when records were more readily available, that there was no evidence of him having engaged in ground combat. 

4.  There is also no evidence that he was recommended for award of the BSM and since there is insufficient evidence to establish his entitlement to award of the CIB, there appears to be no basis to award him the BSM at this time. 

5.  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

__XXX __  __XXX__  __XXX__   DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  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 Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by his late father in service to the United States during World War II and the Korean War.  The applicant and all Americans should be justifiably proud of his service in arms.





      ___        XXX                ___
                CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080006015



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ABCMR Record of Proceedings (cont)                                         AR20080006015



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