MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           15 February 2000                  
	DOCKET NUMBER:   AR1999027872

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.
 	 		 	
	Mr. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Fred Eichorn		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Roger Able		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS: Reconsideration of his earlier application to correct his records by showing that he was promoted to sergeant during World War II.

APPLICANT STATES:  That he believes he was overlooked for promotion because he spent so much time in combat.  He was in combat so long that it effected his mental health.  He submits a copy of the Report of Proceedings of his 13 January 1945 Board of Medical Officers. 

NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's previous consideration of the case on 27 May 1999  (COPY ATTACHED).

The Report of Proceedings of his Board of Medical Officers is new evidence that requires Board consideration.  

Those proceedings relate that: The applicant was a 23 year old combat engineer with 2 years and 8 months of service and in combat as infantry for 225 to 250 days with additional combat time as an engineer.  The Medical Board recommended the he be reclassified and transferred for a limited assignment in a non-combat area.

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.  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 Final Payment Worksheet, contained in his reconstructed record, shows that the applicant was not authorized combat infantry pay.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  At that time enlisted soldiers were promoted when they were qualified for an open NCO slot in their unit or when they were transferred to another unit to fill an open NCO slot.  They did not get promoted simply by virtue of time in service or time in grade.

2.  If the applicant has corroborating documentation to show that he served in combat as an infantryman with an infantry unit of brigade or smaller size, he may be eligible for the Combat Infantryman Badge.  However, such evidence would have to outweigh that of the Final Payment Worksheet, which is normally the most reliable indicator.
 
3.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__fe ____  __kak___  ___ra_____  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999027872	
SUFFIX		
RECON		
DATE BOARDED	19990215	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.