MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      .

	BOARD DATE:                          3 August 2000
	DOCKET NUMBER:                 AR1999028934

	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. Carl W. S. Chun		Director	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Calvin Fowler		Member	
	Mr. Edwin S. Castle		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:  That his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show all awards to which he is entitled.  

APPLICANT STATES:  That the Combat Infantryman Badge (CIB) and the Bronze Star Medal are authorized per attached DA Form 1577 (Authorization for Issuance of Awards); however, they are not listed on his WD AGO Form 53-55.  He submitted a copy of a DA Form 1577, dated 11 June 1999.

EVIDENCE OF RECORD:  The applicant's military personnel 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 8 June 1943 as a heavy mortar gunner (1607).  He served in the European-African-Middle Eastern Theater of Operations from 16 November 1944 to 7 December 1945 and was honorably discharged on 1 May 1946.

The applicant’s WD AGO Form 53-55 shows that he was awarded the American Service Medal, the European-African-Middle Eastern Campaign Ribbon with one bronze service star, the Good Conduct Medal, the World War II Victory Medal, the Expert Badge with Carbine Bar and the Expert Badge with Rifle Bar.  His discharge document does not show the CIB or Bronze Star Medal as authorized awards.

There is no indication in the available records that show he was awarded an infantry military occupational specialty (MOS), that he served in an infantry duty position or that he was awarded the CIB.  His WD AGO Form 53-55 shows that, while in the European-African-Middle Eastern Theater, he served as a heavy mortar gunner (1607).

There is no indication in the available records to show that he was entitled to the Bronze Star Medal based on award of the CIB.

The applicant’s records contain a DA Form 1577 prepared by the National Personnel Records Center and dated 11 June 1999.  This document shows that the Chief of the Army Reference Branch of the National Personnel Records Center (NPRC) determined that the applicant was entitled to the Combat Infantryman Badge and the Bronze Star Medal based on award of the CIB.

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.  The Awards Branch, Total Army Personnel Command, has advised in similar cases that, during World War II, the Combat Infantryman Badge was normally awarded only to enlisted individuals who served in the following positions:

    a.  Light machine gunner (604)
    b.  Heavy machine gunner (605)
    c.  Platoon sergeant (651)
    d.  Squad leader (653)
    e.  Rifleman (745)
    f.   Automatic rifleman (746)
    g.  Heavy weapons NCO (812)
    h.  Gun crewman (864)

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.

Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration.  DD Form 214 (Certificate of Release or Discharge) alone should not be the sole basis for recording a decoration.  This document may be used to initially enter a decoration; however, if the validity of the award on the DD 214 is questioned or challenged, the only acceptable proof of award of the decorations will be the order, letter, or memorandum which awarded the decoration.

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.  There is no evidence, and the applicant has provided no evidence, which shows that he was awarded the CIB or served in an infantry position in combat while assigned in the European-African-Middle Eastern Theater.  Evidence of record shows the applicant served in MOS 1607 which, did not qualify for award of the CIB.  Therefore, the applicant was not eligible for award of the CIB at the time of his service in the European-African-Middle Eastern Theater and there is no basis for award of the CIB to him now.

2.  The Board noted the DA Form 1577 prepared by the National Personnel Records Center which authorized issuance of the CIB to the applicant.  However, in accordance with the governing regulation, the only authority for entering an award in official records is the order, letter, or memorandum awarding the CIB.

3.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was entitled to the Bronze Star Medal based on award of the Combat Infantryman Badge; therefore, he is not eligible for the Bronze Star Medal based on award of the CIB.

4.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

5.  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:

JNS_____  CMF____  ESC____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

Carl W. S. Chun
Director, Army Board for Correction
of Military Records

INDEX

CASE ID	AR1999028934	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000803	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451227	
DISCHARGE AUTHORITY	AR1999028934	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  60		
2.  157		
3.		
4.		
5.		
6.