DOCKET NUMBER:  AR20090001787 


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, in effect, reconsideration of the Board's denial of his request to correct his deceased father's record to show award of the Combat Infantryman Badge and the Bronze Star Medal. 

2.  The applicant states, in effect, that records show his father was transferred from an Anti-Tank Company to Company M (Rifle), 182nd Infantry on 14 January 1941 and that other documents in his father's official military personnel file show he was assigned to the 182nd Infantry.

3.  The applicant provides the former service member's (FSM's) "Oath and Certificate of Enlistment," dated 15 July 1940, and an excerpt from the FSM's personnel record, dated 4 May 1944. 

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 AR20080002818 on 10 July 2008.

2.  The "Oath and Certificate of Enlistment" and the excerpt from the FSM's personnel record are new evidence which warrant consideration by the Board.


3.  In the original Proceedings, the Board found that the FSM's discharge document should be corrected to show award of the Navy Presidential Unit Citation, Asiatic-Pacific Ribbon with two campaign stars, World War II Victory Medal, and the WWII Honorable Service Lapel Button.  Further, the FSM's discharge document should be corrected to show the FSM entered active duty on 16 January 1941, that his area of service was Field Artillery, that he entered active duty as a member of the Army National Guard (ARNG), and to show that the FSM was qualified with the M-1 Carbine Rifle on 3 November 1943.

4.  In the original Proceedings, the Board also recommended denial of the Combat Infantryman Badge, Bronze Star Medal, American Defense Medal, American Theatre Medal, Good Conduct Medal, and Philippine Presidential Unit Citation, military qualification for Rifle, Pistol, Mortar, Machine Gun, Grenade, Bayonet, and Anti-Tank, and correction to Item 6 and Item 26 of the WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge).

5.  Item 31 (Military Qualifications and Date) of the FSM's WD AGO Form 
53-55 does not show qualification or award of the Combat Infantryman Badge. 

6.  A review of the FSM's available financial pay service record shows that on the FSM's War Department Form 372A (Final Payment--Work Sheet) the FSM did not receive combat infantry supplemental pay.

7.  As new evidence, the applicant provides a copy of the FSM's "Oath and Certificate of Enlistment," dated 15 July 1940, which shows that the witness who authenticated this document for the FSM was a commissioned officer, in the rank of first lieutenant, and that he (the officer)  was assigned to the 182nd Infantry (Rifle).  This document further shows that a physical evaluation examination board found the FSM, a member of Company M, 182nd Infantry (Rifle), physically fit and qualified for active military service. 

8.  The second document the applicant provided shows that the FSM was transferred from the Anti-Tank Company to Company M on 14 January 1941.  Then on 20 November 1942, the FSM was medically evacuated from New Hebrides, South Pacific, for the treatment of malaria.  

9.  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)

All Soldiers are provided basic combat skills training after they enter the Army.  This is provided to ensure that all Soldiers have the survival skills to perform basic infantry missions when the need arises.  

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.

10.  Army Regulation 600-8-22 (Military Awards) 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.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

11.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant, the son of the FSM, contends that the FSM is entitled to award of the Combat Infantryman Badge and, as a result, the Bronze Star Medal. 

2.  The evidence of record does not support the applicant's contention that the FSM is entitled to award of the Combat Infantryman Badge.  Records do show that the FSM entered the ARNG and that he was assigned to Company M, 182nd Infantry.  However, being a member of an infantry unit is not the sole qualifier for award of the Combat Infantryman Badge.  Records show FSM was a Field Artillery branch Soldier and that his discharge document shows his military occupational specialty (MOS) was 410 (Dispatcher).

3.  The evidence of record further shows that the FSM did not receive combat infantry pay, an additional pay supplement that increased the monthly earnings of Soldiers awarded the Combat Infantryman Badge.

4.  All Soldiers who enter the U.S. Army and its Reserve Components are trained in basic soldiering skills which include a significant number of skills related to basic infantryman skills during their basic Army indoctrination training program.  These skills include basic and often advanced weapons training, physical fitness, infantry tactics, and survivability on the battlefield to include first aid, field sanitation, and communications.  However, although the FSM was trained in basic soldiering skills, the preponderance of evidence does not support the applicant's claim that the FSM was an infantryman and that the FSM held the specific MOS of infantryman to qualify for the Combat Infantryman Badge.  

5.  The applicant must show to the Board's satisfaction, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant's new evidence was carefully considered; however, the new evidence only shows that the FSM was assigned to an infantry unit.  The new evidence does not support favorable consideration to award the FSM the Combat Infantryman Badge.  Therefore, the FSM is not entitled to award of the Combat Infantryman Badge or award of the Bronze Star Medal based on award of the Combat Infantryman Badge. 

6.  As a result of this reconsideration, there is insufficient evidence to support amending the Board's original decision.

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 AR20080002818, dated 10 July 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)                                         AR20090001787



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ABCMR Record of Proceedings (cont)                                         AR20090001787



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