MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           23 March 2000
	DOCKET NUMBER:  AR2000036411

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Roger Able		Member	
	Mr. James E. Anderholm		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 previous application to correct his records by awarding him the Combat Infantryman Badge.

APPLICANT STATES:  That he was denied award of the Combat Infantryman Badge based on War Department Circular 269-1943 and War Department Circular 186-1944 “with the reason that [he] was not an Infantryman.  He contends that his “peers in the MIS” received the Combat Infantryman Badge which he has been denied.  Then, he states that, in effect, he discovered that his peers were awarded the Combat Infantryman Badge under War Department Circular 408-1944, not War Department Circular 269-1943 and War Department Circular 186-1944 which were previously cited by the Army Board for Correction of Military Records as authority for award of the Combat Infantryman Badge.  The applicant contends:  “In WD Cir. 408, the only personnel not eligible [for the Combat Infantryman Badge] were the Medical Corp and the Chaplain Corp.”

In a 16 December 1999 letter to a Member of Congress in which the applicant requests review of his case based on new evidence, the applicant also provides details concerning his attempts to obtain award of the Combat Infantryman Badge.  In this review he contends that the Army has given him excuses with no valid reasons for denying him the Combat Infantryman Badge, that he asked the Awards Branch for reconsideration to which he received more excuses, that the ABCMR denied a request for review for lack of new evidence, that the Army is denying his request because giving him the Combat Infantryman Badge will “open a flood gate of request similar to [his]”, and that “there is a cover up being perpetrated by the Army to deny the CIB to soldiers like [him].”  The applicant also states that he understood that “a large cargo plane of high ranking officers were flown into Panama during the war action to capture President Noriega, just so those officers would become eligible for the CIB.”  In conclusion, the applicant contends that the “Army is using any means to limit the granting of the CIB.  Therefore, they have gone so far as to cover up WD Cir. 408-1944 and refuse to acknowledge [his] eligibility for [his] Combat Infantryman Badge.”

In support of his request for reconsideration, the applicant submitted a copy of 16 December 1999 letter to a Member of Congress; a copy of War Department Circular Number 408, dated 17 October 1944; a copy of Headquarters 34th Infantry General Orders Number 40, dated 31 July 1945, a copy of Americal Division General Orders Number 6, dated 24 April 1945, a copy of a fellow soldier’s WD AGO Form 53-55 (Enlisted Record and Report of Separation); a copy of a 11 March 1995 letter to Military Awards Branch, a copy of a 8 June 1995 letter from the Military Awards Branch to the applicant; a copy of a 16 November 1995 letter from the Director, of the ABCMR to the applicant; a copy of the applicant’s DD Form 149 (Application for Correction of Military Record); a copy of a 2 May 1999 letter from the applicant to Army Reserve Personnel Center; a copy of a 19 March 1999 letter from a Member of Congress to the applicant; a copy of a 8 March 1999 letter from the Chief of the Awards Branch to a Member of Congress; a copy of a 8 March 1999 letter to the applicant from the Commanding General of the U.S. Total Army Personnel Command; a copy of a 21 August 1989 memorandum for record signed by a retired General Officer, a copy of the 20 March 1991 ABCMR Proceedings in the applicant’s case; an extract from Army Regulation 672-5-1 (Military Awards); a copy of a 3 May 1991 DA Form 1577 (Authorization for Issuance of Awards); and a copy of an award certificate for the Bronze Star Medal.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 20 March 1991 (COPY ATTACHED).

The applicant contends that the ABCMR cited War Department Circular 
269-1943 and War Department Circular 186-1944 as the authority for award of the Combat Infantryman Badge and as the basis for denying him the Combat Infantryman Badge because he was not an Infantryman.

The applicant contends that he should have been considered for award of the Combat Infantryman Badge based on War Department Circular 408-1944 which he submits as new evidence.  He contends that under War Department Circular 408 “the only personnel not eligible were the Medical Corp and the Chaplain Corp.”

Pages 2 and 3 of the Proceeding of the Army Board for Correction of Military Records in the case of the applicant, dated 20 March 1991, show that the applicant was trained as a military intelligence noncommissioned officer in military occupational specialty 631 and served in the Pacific Theater of Operations as a translator with military occupational specialty 267.  

There are orders or other evidence which shows that the applicant was awarded the Combat Infantryman Badge, was awarded an infantry military occupational specialty or served in an infantry military duty position during World War II.

War Department Circular 269, dated 27 October 1943, established the Expert Infantryman and Combat Infantryman Badges and is cited in pertinent part as follows :  

	“1. General.- The present war has demonstrated the importance of highly proficient, tough, hard, and aggressive infantry, which can be obtained only by developing a high degree of all-around proficiency on the part of every infantryman.  As a means of attaining the high standards desired and to foster esprit de corps in infantry units, the Expert Infantryman and Combat Infantryman badges are established for infantry personnel.”

	[Paragraph 2-“Expert Infantryman badge” is omitted]

	“3.  Combat Infantryman badge.-Infantrymen, including officers, establish eligibility to wear the Combat Infantryman badge by-

	a.  Exemplary conduct in action against the enemy, or 

	b.  By satisfactory performance of duty in action against the enemy in a major operation as determined and announced by the theater commander.

	4.  Announcement of the award of the Expert Infantryman and Combat Infantryman badges will be made in unit orders and presentation will be made with appropriate ceremony.  Badges will be worn as prescribed in section V, AR 600-40, 28 August 1941.  Only one of these badges will be worn at a time.  The Combat Infantryman Badge is the higher award.

	5.  Within a regiment, award may be made by a regimental commander upon the recommendation of a company commander.  In any unit not a part of a regiment, the award will be made upon the recommendation of the unit commander with approval of the commanding officer of the next higher command.”

War Department Circular 269 was rescinded by War Department Circular 186, dated 11 May 1944.  War Department Circular 186 is cited in pertinent part as follows:

	“1. General.- The present war has demonstrated the importance of highly proficient, tough, hard, and aggressive infantry, which can be obtained only by developing a high degree of all-around proficiency on the part of every infantryman.  As a means of attaining the high standards desired and to foster esprit de corps in infantry units, the Expert Infantryman and Combat Infantryman badges are established for infantry personnel.

	2.  Eligibility.-The award of the Expert and Combat Infantryman badges is restricted to officers, warrant officers, and enlisted men, assigned to infantry regiments or lower infantry units, except officers and enlisted men of the Medical Department and the Corps of Chaplains.  

	3.  Qualification.-Personnel whose eligibility is established under paragraph 2 may qualify to wear the infantry badges as follows:”

	[Subparagraph a.-“Expert Infantryman badge” is omitted]

	“b.  Combat Infantryman badge.-By exemplary conduct in action against the enemy.

	4.  Presentation and how worn.-Announcement of the award of the Expert Infantryman and Combat Infantryman badges will be made in unit orders and presentation will be made with appropriate ceremony.  Badges will be worn as prescribed in section V, AR 600-40, 31 March 1944.  Only one of these badges will be worn at a time.  The Combat Infantryman Badge is the higher award.

	5.  Award within regiment and unit.- Within a regiment, award may be made by a regimental commander upon the recommendation of a company commander.  In any unit not a part of a regiment, the award will be made upon the recommendation of the unit commander with approval of the commanding officer of the next higher command.”

War Department Circular 408, dated 17 October 1944, rescinded War Department Circular 186-1944.  War Department Circular 408 is cited in pertinent part as follows:

	“1.  Eligibility.-Effective 1 November 1944 the award of the expert infantryman badge and the combat infantryman badge is restricted to officers, warrant officers and enlisted men assigned to infantry regiments, infantry battalions and elements thereof designated as infantry in tables of organization or tables of organization and equipment.  Personnel of the Medical Department and the Corps of Chaplains are not eligible for this award (see pars. 6c and 11). 

	2.  Qualification.- Personnel whose eligibility is established under the provisions of paragraph 1 may qualify for award of an infantryman badge as follows:”

	[Subparagraph a.-“Expert infantryman badge” is omitted]

	“b.  Combat infantryman badge.-By satisfactory performance of duty in ground combat against the enemy.

	3.  Award, presentation and how worn.-a. 

		(1) Within an infantry regiment the award of infantry badges may be made by the regimental commander.   For units not part of a regiment the award may be made by the next higher commander upon recommendation of the unit commander.

		(2) Announcement of award of infantryman badges will be made in unit orders…

		(3) Expert and combat infantryman badges are not awarded posthumously.

	b.  Presentation.-Whenever practicable the presentation of infantryman  badges will be made with appropriate ceremony. 

	c.  How worn.-Expert and combat infantryman badges on the left breast above the line of medals or service ribbons (see AR 600-40).  Only one of these badges will be worn at a time.  The combat infantryman badge is the higher award.”

Section II (ADDITIONAL PAY FOR ENLISTED MEN) of War Department Circular 408 is cited in pertinent part as follows:

	“10. Authority.-Public Law 39, 75th Congress, approved 30 June 1944 (sec II, Bull. 14. WD 1944), provides that during the present war and for 6 months thereafter, any enlisted man of the combat ground forces of the Army who is entitled, under regulations prescribed the Secretary of War, to wear the expert infantryman badge or the combat infantryman badge, shall be paid additional compensation at the rate of $5 per month when he is entitled to wear the expert infantryman badge and at the rate of $10 per month when he is entitled to wear the combat infantryman badge, provided, that additional compensation for both awards may not be paid at the same time.  The provisions of law are effective as of 1 January 1944.

	11. Determination of additional pay.-a. An enlisted man who has been awarded the expert infantryman or the combat infantryman badge under the provisions of this circular or previous War Department (including rescinded) directives shall be deemed to be or to have been a member of the combat ground forces during such time as he is or has been entitled to wear such badge and is therefore entitled to additional pay therefor, except as provided in b below.

	b.  Any enlisted man upon assignment to the Medical Department, other than attachment to a detachment of patients, and any enlisted man who is in a flying pay status shall be deemed not to be a member of the combat ground forces and therefore not entitled to additional pay under the provisions of this circular for the duration of such assignment or flying pay status.
War Department Circular 408 was amended by War Department Circular 93, dated 24 March 1945.  War Department Circular 93 is cited in pertinent part as follows:

	II..BADGE.-Paragraph 1, Circular No. 408, War Department, 1944, as amended by Section III, Circular No. 450, War Department, 1944 is rescinded and the following substituted therefor:

	1.  Eligibility.-Effective 1 November 1944 the award of the expert infantryman badge the combat infantryman badge is restricted to officers, warrant officers, and enlisted men assigned to infantry regiments, infantry battalions, and elements thereof designated as infantry in the tables of organization or tables of organization and equipment.  In addition to the above, infantry officers, warrant officers, and enlisted men who are attached to infantry regiments, infantry battalions, and elements thereof designated as infantry, of the United States forces or of any of the Allied Nations military forces are eligible for the infantryman badges.  In these cases, when the individual concerned is not assigned to an infantry regiment or smaller infantry unit, the award will be made by such commanders and in such orders as the theater commander may designate.  Personnel of the Medical Department and the Corps of Chaplains are not eligible this award (see pars. 6c and 11).  Officers, warrant officers, and enlisted men in infantry training regiments and battalions of replacement training centers, schools, and replacement depots are eligible for award of the expert infantryman badge.”

Army Regulation 600-8-22 prescribes current Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the CIB.  That paragraph states that there are basically three requirements for award of the CIB.  The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted soldier must be have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  Eligibility for special forces personnel (less the special forces medical sergeant) accrues from 20 December 1989.  Retroactive awards for special forces personnel are not authorized.  A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.

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.  War Department Circular 269, which established the Expert Infantryman Badge and the Combat Infantryman Badge, stated:  “As a means of attaining the high standards desired and to foster esprit de corps in infantry units, the Expert Infantryman and Combat Infantryman badges are established for infantry personnel.”

2.  War Department Circular 186 replaced War Department Circular 269.  War Department Circular 186 stated:  “As a means of attaining the high standards desired and to foster esprit de corps in infantry units, the Expert Infantryman and Combat Infantryman badges are established for infantry personnel.”

3.  War Department Circular 186 also stated the eligibility requirement for award of the Combat Infantryman Badge as follows:  “The award of the Expert and Combat Infantryman badges is restricted to officers, warrant officers, and enlisted men, assigned to infantry regiments or lower infantry units, except officers and enlisted men of the Medical Department and the Corps of Chaplains.  

4.  War Department Circular 408 replaced War Department Circular 186.  War Department Circular 408 stated:  “Effective 1 November 1944 the award of the expert infantryman badge and the combat infantryman badge is restricted to officers, warrant officers and enlisted men assigned to infantry regiments, infantry battalions and elements thereof designated as infantry in tables of organization or tables of organization and equipment.  Personnel of the Medical Department and the Corps of Chaplains are not eligible for this award (see pars. 6c and 11).” 

5.  War Department Circular 93 rescinded the quotation from War Department Circular 408 in paragraph 4, above, and replaced it with the following:  “Effective 1 November 1944 the award of the expert infantryman badge the combat infantryman badge is restricted to officers an, warrant officers, and enlisted men assigned to infantry regiments, infantry battalions, and elements thereof designated as infantry in the tables of organization or tables of organization and equipment.  In addition to the above, infantry officers, warrant officers, and enlisted men who are attached to infantry regiments, infantry battalions, and elements thereof designated as infantry, of the United States forces or of any of the Allied Nations military forces are eligible for the infantryman badges.  In these cases, when the individual concerned is not assigned to an infantry regiment or smaller infantry unit, the award will be made by such commanders and in such orders as the theater commander may designate.  Personnel of the Medical Department and the Corps of Chaplains are not eligible this award (see pars. 6c and 11).  Officers, warrant officers, and enlisted men in infantry training regiments and battalions of replacement training centers, schools, and replacement depots are eligible for award of the expert infantryman badge.”

6.  Based on the foregoing, it is clear that the Combat Infantryman Badge was to be awarded only to infantry personnel in regimental and smaller units as designated in tables of organization and distribution then in effect who performed to standard in ground combat against the enemy.

7.  Based on the foregoing, award of the Combat Infantryman Badge was precluded to personnel of the Medical Department and the Corps of Chaplains assigned to infantry units by War Department Circular 186 which preceded War Department Circular 408.  There is nothing in this restriction on Medical Department and Chaplain Corps personnel that inferred or affirmed that personnel with other than infantry military occupational specialties assigned or attached to infantry units were entitled to award of the Combat Infantryman Badge.

8.  The applicant’s argument that he is entitled to award of the Combat Infantryman Badge because War Department Circular 408 only precluded Medical Department and Chaplain Corps personnel from award of the Combat Infantryman Badge is not valid.  His argument ignores the basic requirement for award of the Combat Infantryman Badge which is you have to be an infantryman or as stated in the first governing circular “the Expert Infantryman and Combat Infantryman badges are established for infantry personnel.”

9.  Evidence of record shows the applicant served during World War II as a military intelligence noncommissioned officer and an interpreter.  He did not serve as and was not an infantryman.  Therefore, he was not at the time in question eligible for award of the Combat Infantryman Badge.

10.  The Board noted the applicant’s contentions that the Army has given him no valid reasons for denying him the Combat Infantryman Badge, that the Army is denying his request because giving him the Combat Infantryman Badge will “open a flood gate of request similar to [his]”, that “there is a cover up being perpetrated by the Army to deny the CIB to soldiers like [him]”, and that the “Army is using any means to limit the granting of the CIB” and to “refuse to acknowledge [his] eligibility for [his] Combat Infantryman Badge.” Contrary to these contentions, evidence of record shows that the Combat Infantryman Badge was established for award to infantrymen based on stated criteria regarding performance of duty in ground combat with the enemy.  The Army has consistently awarded the Combat Infantryman Badge to those personnel who have met the regulatory criteria in effect for award of this badge.  In this case, the applicant did not meet the criteria in effect at the time because he was not an infantryman; therefore, he was not eligible for award of the Combat Infantryman Badge.

11.  The Board noted the applicant’s contention that “a large cargo plane of high ranking officers were flown into Panama during the war action to capture President Noriega, just so those officers would become eligible for the CIB.”  It is also noted that the applicant presented no evidence to support this contention.  Further, the Board considers each case individually and on its own merit, and as a result, awards received by others or considered and awarded by other boards and commissions are not a basis for the ABCMR to approve or disapprove an application under consideration.

12.  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.

13.  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.

14.  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

__JA____  ___SEP__  __RWA_  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR2000036411	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000323	
TYPE OF DISCHARGE	HD 	
DATE OF DISCHARGE	19460222	
DISCHARGE AUTHORITY	AR 615-360 . . . . .  	
DISCHARGE REASON	DEMOBILIZATION	
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.