PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                30 December 1998
	DOCKET NUMBER:       AC98-11610
                                                  AR1998013751

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Sherri V. Ward		Member	
	Mr. Van B. Cunningham		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction of his WD AGO Form 55 (Army of the United States Honorable Discharge) to show his unit of assignment as the 3rd Infantry Division and his rank as sergeant or staff sergeant.

3.  The applicant states in a letter of explanation accompanying his application that he does not know why he was reduced from sergeant to private and whatever the reason it is unfair and unjust because he did receive the Purple Heart and several battle ribbons.  He also states that he was never AWOL, received an honorable discharge and was the acting platoon guide during the period his unit moved from Sicily until he was wounded near Rome.  He believes the rank of the platoon guide was staff sergeant.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was inducted on 21 February 1941. He served in the European-African-Middle Eastern Theater of Operations from 8 November 1942 to 10 February 1944 and was honorably discharged on 19 September 1944. 

5.  The applicant’s WD AGO Form 55 shows the applicant was discharged as a “Private” from the “15th Infantry Division”.

6.  The applicant’s discharge shows he was advanced to the rank of “Corporal” on 1 December 1942 and to “Sergeant” on 5 July 1943.  However, his discharge document shows he was separated as a “Private”.  His “Final Payment Roll” shows his rank as private.  The applicant’s pay records also contain an affidavit, dated 19 September 1944, which is authenticated in his own hand and sworn to before a Summary Court Officer.  This affidavit also shows his rank as private.  There is no evidence in the files available to the Board which shows the basis for the applicant’s reduction from sergeant to private or that he ever attained the rank of staff sergeant.

7.  The applicant’s WD AGO 55 shows he was discharged from the 15th Infantry Division.  However, medical records, dated 2 November 1943, show the applicant was wounded on 31 October 1943 while a member of the 15th Infantry Regiment of the 3rd Infantry Division.

8.  The Board noted the applicant’s discharge does not show the Combat Infantryman Badge as an authorized award; however, the applicant’s pay records show that he was entitled to combat infantry pay and his discharge shows that he was a squad leader.  There also is no evidence the applicant received the Bronze Star medal based on award of the Combat Infantryman Badge.

9.  The Board also noted the applicant’s discharge does not show the World War II Victory Medal as an authorized award.

10.  War Department Circular 269-1943 established the Combat 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.  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.  

11.  Army Regulation 600-8-22 also 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.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

CONCLUSIONS:

1.  Evidence of record shows the applicant held the rank of sergeant during World War II.  However, documents including the applicant’s discharge, medical records and a sworn statement, show that his rank was private at the time he was wounded and was private at the time he was separated.  In the absence of evidence to the contrary, the Board concludes that the applicant’s rank was private and the records are correct as currently constituted.

2.  Evidence of record shows the applicant was a member of the 15th Infantry Regiment of the 3rd Infantry Division.  Therefore, he is entitled to correction of his discharge to show his unit of assignment as “15th Infantry Regiment of the 3rd Infantry Division”.

3.  Evidence of record shows the applicant was entitled to combat infantry pay and that he served as an infantry squad leader; therefore, he is entitled to award of the Combat Infantryman Badge and award of the Bronze Star Medal based on award of the Combat Infantryman Badge.

4.  The applicant is entitled to the World War II Victory Medal; therefore, his records should be corrected to show this award.

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Combat Infantryman Badge, the Bronze Star Medal based on award of the Combat Infantryman Badge and the World War II Victory Medal.

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

GDP____  SVW____  VBC____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC9811610/AR1998013751	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1998/12/30	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.	100.00	
3.		
4.		
5.		
6.