MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           30 March 2000                   
	DOCKET NUMBER:   AR2000036129

	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.

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Barbara J. Ellis		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Ernest W. Lutz, Jr.		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 he be awarded the Combat Infantryman Badge (CIB) for front line duty in Northern Italy.

APPLICANT STATES:  That his request for the CIB is based on a battalion encounter, not an individual action.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973.  The information contained herein was obtained from documents provided by the applicant.

The applicant was inducted into the Army on 24 February 1941.  He arrived in the European-African-Middle Eastern Theater of Operations on 11 May 1943.  

Apparently, at one time the applicant was assigned to the 536th Anti-Aircraft Artillery Battalion.  According to the Battalion history, on 24 July 1944 it was explained to the personnel the unit had a new mission which involved duty as infantry troops in the front lines.  The transfer of troops for the invasion of Southern France and the withdrawal of additional units in position for an assault on the Arno River line left no infantry replacement units available.  In order to hold the ground taken by the VI Corps, four anti-aircraft battalions were ordered into the line as infantry.  They were organized on 25 July and trained intensively on 26 and 27 July 1944.  By midnight of 27 July 1944 all front line elements had been relieved and the Battalion assumed defensive responsibility for the Regimental sector.  The mission was basically defensive, but during the occupation the line was straightened out by driving in enemy outposts and destroying a number of strong points.  There was little aggressive action except for patrol activities, but artillery and small arms fire was exchanged continually.  During the night of 6 August 1944, the 100th Battalion of the 442d Infantry Regiment relieved all front line elements and the Battalion withdrew to the bivouac area.

The applicant departed the theater on 11 March 1945 and on 15 May 1945 he was separated in the rank of First Sergeant, Quartermaster Corps.

Army Regulation 600-8-22 prescribes Army policy and criteria concerning individual military awards.  In pertinent part, it states that 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.  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 have taken care to retain the badge for the unique purpose for which it was established.  There are basically three requirements for award of the CIB.  The soldier must be an infantryman satisfactorily performing infantry duties, must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.  

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.  The Board concludes that the applicant did not meet the eligibility criteria for award of the CIB.   The Board, as did the War Department at the time when it considered the criteria for award of the CIB, recognizes the contributions of other branches of service to the war effort.  Had the applicant’s unit and the other anti-aircraft battalions not defended the Regimental sector as well as they did the war in Italy would have continued much longer than it did.  However, those support units served on the front line from 27 July through 6 August 1944, mainly in a defensive position.  The Board concludes this does not meet the War Department’s intent that the CIB be awarded to infantry soldiers whose daily mission (and, during World War II, their daily mission could last for weeks or months at a time without a break) is to close with and destroy the enemy and to seize and hold terrain.

2.  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

__bje___  __hof___  ___ewl__  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR2000036129	
SUFFIX		
RECON		
DATE BOARDED	20000330	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.