IN THE CASE OF:	  

		BOARD DATE:  7 June 2012

		DOCKET NUMBER:  AR20120000239 


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 grandson of a deceased former service member (FSM), requests reconsideration of an earlier request for correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show award of the Combat Infantryman Badge (CIB).

2.  The applicant states the citation for the FSM's Bronze Star Medal (BSM) contains key sentences clearly showing the FSM is deserving of the CIB.  The applicant contends that the citation clearly shows the FSM served in a combat capacity with an infantry division and when that duty was complete he went on to serve with another infantry company.  He firmly believes the FSM should be awarded the CIB because his spotless military record shows he clearly endured the same hardships and exposed himself to the same risks that the infantry did while serving with them, the only difference being that he used a radio as a weapon instead of a rifle.

3.  The applicant provides orders for the BSM.

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 AR20100021295 on 8 March 2011.

2.  The FSM's complete military records are not available to the ABCMR for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed the FSM's records were lost or destroyed in that fire.  This case is being considered based on the FSM's WD AGO Form 53-55, WD Form 372A (Final Payment – Work Sheet), and documents provided by the applicant.

3.  The applicant provides the FSM's orders for the BSM which were not previously considered by the Board.  Therefore, it is new evidence which warrants consideration.

4.  The previous Record of Proceedings (ROP) noted the FSM's WD AGO Form 53-55 shows:

	a.  He was inducted into the Army of the United States on 16 November 1942 and entered active duty on 30 November 1942.

	b.  His branch of service was field artillery.

	c.  He served with Battery C, 379th Field Artillery Battalion.

	d.  He held military occupational specialty (MOS) 776 (Radio Operator Low Speed).

	e.  He served in the European theater of operations during World War II from 24 September 1944 to 22 December 1945.

	f.  He was honorably discharged on 6 January 1946 by reason of demobilization.

5.  The previous ROP concluded that the FSM's military record is void of documentation showing he was awarded the CIB or that he served in an infantry MOS while assigned to an infantry unit.  Therefore, he was not authorized the CIB.

6.  The FSM's WD Form 372A does not show he received combat infantry pay.

7.  The applicant provided the FSM's orders for the BSM that show the FSM was awarded the BSM for courage, bravery, devotion to duty, and heroic achievement 

while serving in Germany in connection with military operations against the enemy.  The citation stated in part:

…while attacking high ground with an infantry assault company, [the FSM], radio operator with a forward observer section…carried a radio over approximately two miles of open terrain while being subjected to intense small arms, mortar, and artillery fire…With the forward observer, [the applicant] continued carrying the radio to the next objective…his section was ordered to report to another infantry company, and he continued operating his radio during an artillery barrage….

8.  Army Regulation 600-8-22 (Military Awards) states the CIB was established during World War II to provide special recognition of the unique role of the Army infantryman, the only Soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain.  The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen.  In developing the CIB, the War Department did not dismiss or ignore the contributions of other branches, such as field artillery.  Their vital contributions to the overall war effort were noted, but it was decided that other awards and decorations were sufficient to recognize their contributions.  From the beginning, Army leadership has taken care to retain the badge for the unique purpose for which it was established.  The War Department received requests to award the CIB to non-infantry individuals and units employed as infantry during tactical emergencies.  All of those requests were disapproved based on the fact that the regular infantryman lived, slept, ate, and fought as an infantryman on a continuous and indefinite basis without regard to the tactical situation.

9.  War Department Circular 186-1944 further provided that the CIB was to be awarded only to infantrymen serving with infantry units of brigade, regimental, or smaller size.  Additionally, World War II holders of the CIB received a monthly pay supplement known as combat infantry pay.  Soldiers had economic as well as intangible reasons to ensure that their records were correct; therefore, 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 has advised in similar cases that the CIB was normally awarded only to enlisted individuals who served in the following positions during World War II:

* light machine gunner (604)
* heavy machine gunner (605)
* 
platoon sergeant (651)
* squad leader (653)
* rifleman (745)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for reconsideration for correction of the FSM's records to show the CIB has been carefully considered.

2.  The citation for the BSM was noted and there is no doubt the FSM participated in combat alongside infantry elements as a member of an artillery unit.

3.  The issue is not whether the FSM participated in combat with an infantry unit. He was a member of an artillery unit and artillery units are often called to support infantry units by providing cannon fire.  The issue is the fact that the FSM did not hold an infantry MOS as required by the governing regulations and therefore, he was not authorized the CIB.  In the absence of evidence showing the FSM held an infantry MOS, the orders for the BSM are insufficient evidence on which to base award of the CIB in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X ___  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20100021295, dated 8 March 2011.

2.  The Board wants the FSM's family and all others concerned to know this action in no way diminishes the sacrifices made by the FSM in service to our 

Nation.  The FSM's family and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20120000239



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ABCMR Record of Proceedings (cont)                                         AR20120000239



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