IN THE CASE OF:	  

		BOARD DATE:	    8 March 2012

		DOCKET NUMBER:  AR20110016254 


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 application for award of the Combat Infantryman Badge.

2.  The applicant states the prior decisional document is flawed.  He was initially assigned to the 43rd Division as a rifleman and heavy weapons mortar gunner.  The photograph previously provide shows him wearing a 45 caliber pistol.  This proves he was either a machine gunner or mortar crewmember since those were the only two categories of Soldiers who carried sidearms.  He continues to contend that his discharge document shows he was assigned to an infantry unit and was qualified as a 60 millimeter (mm) mortar gunner.  He did not become a clerk until after the Luzon invasion.  He states that since he was never questioned or advised regarding the award of the Combat Infantryman Badge, he never requested or received monetary payment.  

3.  The applicant provides copies of a unit photograph and an annotated copy of the prior case decisional document with subsequent correspondence related thereto.

4.  In the development of this case a copy of the applicant's final pay work sheet was obtained.

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 AR20100026594, on 24 May 2011.

2.  The prior decisional document noted that World War II holders of the Combat Infantryman Badge received a monthly pay supplement known as combat infantry pay.  However, there is no evidence that the actual final pay record was obtained and made available for review.  The inclusion of this document and the new photograph constitutes new evidence.

3.  As previously noted the Board requested the applicant’s military records from the repository in St. Louis, MO, but without success.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost in that fire.

4.  The applicant’s served on active duty from 14 June 1943 through 5 February 1946. 

5.  His WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) shows:

* assignment to Company L, 103rd Infantry Regiment
* his highest grade held was Tech 5
* his military occupational specialty (MOS) was 835 (stock control clerk)
* weapons qualification as a marksman with the M-1 rifle
* participation in the Luzon and New Guinea campaigns
* award of Asiatic-Pacific Service [Campaign] Medal,  Army Good Conduct Medal, Philippine Liberation Ribbon, World War II Victory Medal
* service in the Western Pacific Theater of Operations (WPTO) from 24 December 1943 to 7 January 1946

6.  The Final Payment - Work Sheet shows receipt of foreign service pay but the line for combat infantryman pay is blank.

7.  As noted in the prior ABCMR decisional document, during WW II personnel who were awarded the Combat Infantryman Badge received a monthly pay supplement.  

8.  Army Regulation 15–185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR).  
	a.  Paragraph 2-9 states 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; and 

	b.  Paragraph 2–15 states an applicant may request the reconsideration of an ABCMR decision if the ABCMR receives the request for reconsideration within 1 year of the ABCMR’s original decision and if the ABCMR has not previously reconsidered the matter, the ABCMR staff will review the request to determine if it contains evidence (including, but not limited to, any facts or arguments as to why relief should be granted) that was not in the record at the time of the ABCMR’s prior consideration.  If new evidence has been submitted, the request will be submitted to the ABCMR for its determination of whether the new evidence is sufficient to demonstrate material error or injustice.  If no new evidence is found, the ABCMR staff will return the application to the applicant without action.

DISCUSSION AND CONCLUSIONS:

1.  The new photograph provided by the applicant does not identify what unit the personnel were assigned to, or when or where it was taken.  It provides no probative value to show that the applicant was awarded the Combat Infantryman Badge.

2.  The applicant's WD AGO 53-55 does not show he qualified as a mortar man or was assigned an MOS reflecting service as such.  The only weapons qualification shown is as a marksman with the M-1 rifle. 

3.  If the applicant had been officially awarded the Combat Infantryman Badge he would not have had to request payment for this award in order to receive it.  Further, he would have continued to receive this pay even if he were reassigned to a clerk position.

4.  The applicant has provided no official documentation to support any of his statements.  While it is possible he served in an infantry MOS and saw action in that capacity prior to a reassignment as a clerk, there is no official documentation to support such a finding.  

5.  Without some type official documentation to validate his personal statements, there is insufficient evidence to overcome the presumption of regularity and award the applicant the Combat Infantryman Badge.

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 AR20100026594, dated 24 May 2011.



      _______ _   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)                                         AR20110016254





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110016254



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1