PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           12 April 2000     
	DOCKET NUMBER:   AR1999028567

	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.  

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. James P. Stueve		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, in effect, an additional award of the Combat Infantryman Badge. 

3.  The applicant states, in effect, that others who fought with him in the battles of Guadalcanal, New Georgia and Luzon have received “Silver Stars”.  He contends that they informed him that he was also entitled to this award.  The Board noted that in a separate letter, the applicant states he was told that he was entitled to a “Silver Star as I have the Combat Infantryman’s Badge” and he also requests that he receive campaign credit for “New Georgia” and “Pearl Harbor”.  In support of his application, he submitted a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation).    

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant enlisted on 
14 March 1942.  He served as a rifleman in the Asiatic-Pacific Theater from 
16 July 1942 to October 1945 and was honorably discharged on 11 October 1945.  

5.  The applicant’s WD AGO Form 53-55 shows he was awarded the Combat Infantryman Badge during World War II.  The WD AGO Form 53-55 does not show the Silver Star as an authorized award.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows three campaigns: Northern Solomons, Guadalcanal, and Luzon.  

6.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, campaign credit during World War II.  This document shows the unit to which the applicant was assigned, the 161st  Infantry, received campaign credit for the Northern Solomons Campaign (22 February 1943 - 21 November 1944), the Guadalcanal Campaign (7 August 1942 - 21 February 1943) and the Luzon Campaign (15 December 1944 - 4 July 1945).  

7.  Appendix B (Campaigns - Service Requirements, and Inscriptions Prescribed for Streamers) of Army Regulation 600-8-22 (Military Awards) does not show “New Georgia” or “Pearl Harbor” as authorized campaigns during World War II.  Therefore, this portion of the applicant’s request will not be discussed further in the proceedings.  

8.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, unit awards authorized for units which served during World War II.  This document shows the unit to which the applicant was assigned, the 161st Infantry, received the Philippine Presidential Unit Citation for actions during the period 
17 October 44 to 4 July 1945 by Department of the Army General Orders Number 47, dated 1950.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The regulation also states:  “To date, a separate award of the CIB has been authorized for qualified soldiers in any of three conflicts:  World War II (7 December 1941 to 3 September 1945), the Korean Conflict (27 June 1950 to 27 July 1953), and the Vietnam Conflict.  Service in the Republic of Vietnam conflict (after 1 March 1961) combined with qualifying service in Laos (19 April 1961 to 6 October 1962), the Dominican Republic (28 April 1965 to 1 September 1966), Korea on the DMZ (after 4 January 1969), Grenada (23 October to 23 November 1983), Panama (20 December 1989 to 31 January 1990), and the Persian Gulf War (17 January to 11 April 1991) is recognized by one award only regardless of whether a soldier had served one or multiple tours in any or all or these areas.”  Second and third awards of the Combat Infantryman Badge are denoted by 1 and 2 stars respectively, affixed to the badge.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

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.  This provision did not go into effect until 10 September 1947 when Change 12 to Army Regulation 600-45 (Decorations) was published.

CONCLUSIONS:

1.  Evidence of record shows the applicant was awarded the Combat Infantryman Badge during World War II.  There is no evidence the applicant served as an infantryman in the Korean or Vietnam conflicts; therefore, he is not entitled to additional awards of the Combat Infantryman Badge.

2.  There is no evidence the applicant was recommended for or awarded the Silver Star.  Therefore, he is not entitled to correction of his military records to show this decoration.

3.  The applicant is entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge.  Therefore, he is entitled to correction of his military records to show the Bronze Star Medal based on award of the Combat Infantryman Badge. 

4.  The applicant was assigned to a unit which was cited for the Philippine Presidential Unit Citation during World War II.  Therefore, he is entitled to correction of his WD AGO Form 53-55 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 that the individual concerned was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge and the Philippine Presidential Unit Citation. 

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

BOARD VOTE:  

RGH_____  BJE_____  JPS___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Robert G. Hinkle_____
		        CHAIRPERSON

INDEX

CASE ID	AR1999028567	
SUFFIX		
RECON		
DATE BOARDED	20000412	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19451011	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON	Convenience of the Government RR 1-1 Demoblization	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.	107.0091	
3.		
4.		
5.		
6.