IN THE CASE OF:	  

		BOARD DATE:	       28 April 2009

		DOCKET NUMBER:  AR20080019504 


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 reconsideration of his earlier request for correction of his military records to show award of the Purple Heart, Bronze Star Medal, and the Combat Infantryman Badge.

2.  The applicant states that he was assigned to Company E, 346th Infantry Regiment, 87th Infantry Division, and was in combat from 27 January to 
19 March 1945.  He held an infantry military occupational specialty (MOS) of 745 (Rifleman), as verified by unit Morning Reports and his training certificate from Camp Croft, South Carolina.  He further states that he was wounded in Roth, Germany.  After leaving the hospital in Paris, France in June 1945, he was assigned duty as a guard on a mail truck with the 17th Base Post Office on
8 May 1945.  He did not receive an MOS as a mail clerk until his combat period ended.  A fire in the 87th Infantry Division destroyed all of the records.     

3.  The applicant provides no documentation in support of his application for reconsideration, but rather has deferred to counsel.  

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests that the applicant's earlier request for correction of his military records be reconsidered.

2.  Counsel states that a review of the evidentiary record will amply advance the applicant's contentions and substantially reflect the probative facts. 

3.  Counsel provides, in support of this application for reconsideration, copies of a Morning Report dated 8 February 1945; an Infantry Replacement Training Center Certificate, for the period from 4 September to 23 December 1944; DA Form 1577 (Authorization for Issuance of Awards, dated 28 February 1989; the applicant's own chronological order of events, and the original Board proceedings.

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 AR20080007674, dated 23 September 2008.

2.  The DA Form 1577 provided by counsel was not considered by the original Board.  This document and the applicant’s contentions that he held an infantry MOS require Board reconsideration.

3.  The Camp Croft training certificate, dated in 1944, clearly identifies the applicant as having had an infantry MOS of 745 (Rifleman).  

4.  The Morning Report, dated 8 February 1945, clearly shows the applicant held an infantry MOS of 745 and was assigned to Company E, 346th Infantry Regiment.

5.  The DA Form 1577, dated 28 February 1989, lists the applicant’s authorized awards as the Good Conduct Medal; European-African-Middle Eastern Campaign Medal with one bronze service star; World War II Victory Medal; Honorable Service Lapel Button, World War II; Marksman Marksmanship Qualification Badge with Rifle and Machinegun Bars; and the Sharpshooter Marksmanship Qualification Badge with Carbine Bar.  It also states that entitlement to award of the Purple Heart could not be verified. 

6.  The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows he was inducted into the Army and entered active duty on    21 August 1944 and was honorably separated on 31 January 1946 to enlist in the Regular Army.

7.  On 1 February 1946, the applicant enlisted in the Regular Army and served in the Army Air Corps until he was honorably separated on 16 December 1946.

8.  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 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:

	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)

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have been treated by medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show award of the Purple Heart, Bronze Star Medal, and the Combat Infantryman Badge.

2.  The available evidence clearly shows the applicant held an infantry MOS and was assigned to an infantry unit of brigade, regimental, or smaller size.  Unfortunately, there are no available records showing that he performed in actual ground combat, or that such performance met the "exemplary conduct" standard required at that time for award of the Combat Infantryman Badge.

3.  The applicant has not provided any new evidence showing that he was wounded in action or that he received any medical treatment for such wounds.  Furthermore, there is no available evidence upon which to base an award of the Bronze Star Medal.

4.  However, it is noted that the applicant served in the Army Air Corps from         1 February 1946 through 16 December 1946.  It is possible the applicant's Army Air Corps records were not harmed during the 1973 National Personnel Records Center fire.  If the applicant requested a search of those Army Air Corps records, and if such records were available, he might find sufficient evidence that would warrant his returning to this Board for further consideration of his request.

5.  In view of the above, the applicant's request should be denied.   

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 to amend the decision of the ABCMR set forth in Docket Number AR20080007674, dated 23 September 2008.




      _______ _   _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)                                         AR20080019504



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ABCMR Record of Proceedings (cont)                                         AR20080019504



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