IN THE CASE OF:	  

		BOARD DATE:	  30 OCTOBER 2008

		DOCKET NUMBER:  AR20080008918 


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, the widow of a FSM (former service member), requests in effect, award of the Combat Infantryman Badge, the Army of Occupation Medal, with Japan Clasp, and all other awards due the FSM.

2.  The applicant states, in effect, that these awards were omitted from the FSM’s WD AGO Form 53-55, Enlisted Record and Report of Separation – Honorable Discharge.

3.  In support of her request, the applicant provides a copy of their Certificate of Marriage which was issued by the State of Washington on 24 February 1948; a copy of the FSM’s Certificate of Death, dated 7 February 2008; a copy of her birth certificate issued by the Oregon State Health Division, on 4 September 2008; a copy of the FSM’s WD AGO Form 53-55; and a copy of the FSM’s WD AGO Form 100, Separation Qualification Record.

CONSIDERATION OF EVIDENCE:

1.  The FSM’s records are believed to have been lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from the applicant's enlisted record, report of separation and from other official Army sources.


2.  The FSM’s available military records show he was inducted into the Army of the United States on 10 August 1943 and entered service at Portland, Oregon, on 31 August 1943.  The FSM was honorably separated in the rank of Technician Fifth Grade, on 3 February 1946.

3.  Item 6 (Organization), of the FSM’s WD AGO Form 53-55, shows he was assigned to Service Company, 322d Infantry Regiment.

4.  Item 30 (Military Occupational Specialty and No.), of the FSM’s WD AGO Form 
53-55, shows he held the military occupational specialty (MOS) 359, (Construction Machine Operator), while he served on active duty.

5.  The FSM’s WD AGO Form 100 shows he also held military occupational assignments in the following MOS and for the duration shown:  Basic Training (3 months); Truck Driver, Light (7 months); Rifleman (11 months); and Heavy Truck Driver and Construction Equipment Operator (8 months).

6.  Item 31 (Military Qualification and Date), of the FSM’s WD AGO Form 53-55, shows he was awarded the Sharpshooter Marksmanship Qualification Badge, with Carbine Bar (M1 Carbine).  The Combat Infantryman Badge is not shown.

7.  Item 32 (Battles and Campaigns), of the FSM’s WD AGO Form 53-55, shows he was given credit for participating in the Eastern Mandates and Western Pacific campaigns of World War II.

8.  The FSM’s WD AGO Form 53-55 shows, in Item 33 (Decorations and Citations), he was awarded the Good Conduct Medal; the Philippine Liberation Medal, with one bronze service star; the World War II Victory Medal; the American Campaign Medal; and the Asiatic Pacific Campaign Medal.  The Combat Infantryman Badge and the Army of Occupation Medal, with Japan Clasp, are not shown on the FSM’s WD AGO Form 53-55.

9.  Item 36 (Service Outside Continental U.S. and Return), of the FSM’s WD AGO Form 53-55, shows he departed the United States on 18 May 1944 and arrived in the Asiatic-Pacific Theater of Operations (APTO) on 5 June 1944.  He departed the APTO on 
18 January 1946 and arrived in the United States on 29 January 1946.

10.  The FSM’s available service records contain a copy of a Final Payment Worksheet (WD Form 372A).  This form shows the FSM was not entitled to and was not receiving combat infantry pay on the date of his separation.  The form shows that the FSM’s previous organization (or Place [of assignment]) was APO 81.  APO 81 was the Army Post Office identification for Aomori, Japan.

11.  Item 13 (Title – Description – Related Civilian Occupation), of the FSM’s WD AGO Form 100, shows he was assigned and performed duties on the island of Honshu in Japan.  The WD Form 372A shows the FSM’s previous organization, just prior to his separation to be APO 81 or Aomori, Japan.

12.  Item 55 (Remarks), of the applicant's WD AGO Form 53-55, shows he was issued the “Lapel Button.”

13.  War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  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 (emphasis added).  The Military Awards Branch of the U.S. Army Human Resources Command, (USAHRC) 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:  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).  No other Soldier in combat is more exposed on a daily basis to the dangers and hardships of war and no other branch of the service suffers more casualties than the infantry.  To maintain the prestige, uniqueness, and traditional value of the Combat Infantryman Badge, the criteria for award has changed little over the years.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility.  Qualifying service in Japan included service in the Japanese home islands, the Ryukyu Islands and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952.  Service between 3 September 1945 and 2 March 1946 is qualifying only if the Asiatic-Pacific Campaign Medal was earned prior to 3 September 1945.

15.  Army Regulation 600-8-22, in pertinent part, authorizes award of the Asiatic-Pacific Campaign Medal for qualifying service in the Asiatic-Pacific Theater of Operations for the period 7 December 1941 to 2 March 1946.  This same regulation also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of the regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55.  This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Asiatic-Pacific Campaign Medal.
16.  Department of the Army (DA) Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, shows that the FSM’s unit, Service Company 322d Infantry Regiment, 81st Infantry Division, was awarded credit for occupation of Japan from 5 November 1945 through 20 January 1946.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Combat Infantryman Badge, a Soldier must have held an infantry MOS and served in that MOS in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

2.  The evidence shows the FSM held MOS 359 (Construction Machine Operator) on the date of his separation.  The FSM’s WD AGO Form 100 shows he was assigned and performed the duties of a Rifleman for 11 months; however, there is no evidence he was ever awarded the MOS or that he performed the duties of a Rifleman in active ground combat.

3.  During World War II, holders of the Combat Infantryman Badge received a monthly pay supplement known as combat infantry pay.  On the date of his separation, the FSM was not entitled to nor was he receiving combat infantry pay.  The absence of payment of this entitlement was apparently based on the MOS which he held at the time of his separation, that of Construction Machine Operator.  In addition, there is no evidence the FSM was paid combat infantry pay at the time he was assigned and performed the duties of a Rifleman.

4.  Because there is insufficient evidence to show the FSM was awarded the MOS of a Rifleman, that he participated in active ground combat while he held the MOS [assuming that the MOS was awarded] and, that he was paid combat infantry pay, he is not entitled to award of the Combat Infantryman Badge and to have it added to his WD AGO Form 53-55.

5.  The evidence shows the applicant was assigned to a unit in Japan just prior to his return to the United States for separation processing.  The evidence also shows that the unit was awarded credit for the occupation of Japan at the time he was a member of the unit.  He is therefore entitled to award of the Army of Occupation Medal, with Japan Clasp, and to have it added to his WD AGO Form 53-55.


6.  The FSM was awarded the Asiatic Pacific Campaign Medal; however, this award does not show the bronze service stars to which he was entitled for his campaign participation.  During World War II, the FSM participated in the Eastern Mandates and Western Pacific campaigns of World War II.  He is therefore entitled to award of two bronze service stars to be affixed to his Asiatic Pacific Campaign Medal and entitled to their addition to his WD AGO Form 53-55.

7. There is no evidence the FSM was awarded other awards not shown on his WD AGO Form 53-55 and not specifically mentioned by the applicant.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the FSM the Army of Occupation Medal, with Japan Clasp, and two bronze service stars to be affixed to his Asiatic Pacific Campaign Medal and adding these awards to his WD AGO Form 53-55.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Combat Infantryman Badge and other awards not specifically mentioned by name by the applicant and their addition to the FSM’s WD AGO Form 53-55.




      _______ _   X_______   ___
               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)                                         AR20080008918



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ABCMR Record of Proceedings (cont)                                         AR20080008918



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