PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           3 August 2000                  
	DOCKET NUMBER:   AR2000039370

	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.  

	Mr. Carl W. S. Chun			
	Mr. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Calvin M. Fowler		Member	
	Mr. Edwin S. Castle		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 reconsideration of his application to correct his records by awarding him the Combat Infantryman Badge.

3.  The applicant states, in effect, that he served as a machine gunner with Company D, 331st Infantry prior to being wounded in combat and his subsequent transfer to the 3543rd Ordnance Company where he served as a painter.  He contends that the entry in his record for his military occupation specialty (MOS) while assigned to the 331st is in error.

4.  The Memorandum of Consideration reflecting the Board’s 4 November 1998 review of the applicant’s request is incorporated herein by reference as if wholly set forth.

5.  The applicant submits a statement from the Public Affairs Officer, 94th Regional Support Command that states that their records show that the applicant had served with the 331st Infantry in the capacity of a machine gun ammo handler and was qualified as a machine gunner.  He forwards a copy of a qualification record (WD Form 20) showing the applicant’s assignments and qualifications.  This temporary form was prepared based on the applicant’s statement.  It shows the applicant in MOS of 504, ”AMM Handler” during his assignment with the 331st Infantry.

6.  These documents were not previously available to the Board and constitute new evidence or argument that requires Board review.

7.  The applicant’s record shows that he was originally trained as an Intelligence Observer (MOS 636) and assigned to the Headquarters Company 424th Infantry. On 10 July 1944 he was assigned to Company D, 331st Infantry and sustained combat wounds on 22 July 1944.  Upon release from the hospital he received a permanent profile for flat feet and was subsequently reassigned to the 3543rd Ordnance Company as a painter.

8.  A list of World War II MOS’s indicates that the 604 designation is for a Light Machine Gunner, 504 designates an Artillery Ammunitions Handler.

9.  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.
CONCLUSIONS:

1.  The Board concludes that it is highly unlikely that a soldier would have been assigned duties in an infantry company in the MOS of 504 as an Artillery Ammunition Handler.  Therefore, it is more probable that an administrative error occurred and the entry should have read 604, Light Machine Gunner.

2.  The Board concludes, therefore, that the applicant served and was wounded as a machine gunner with an infantry company and as such is entitled to the Combat Infantryman Badge.

3.  With the award of the CIB, the Board notes that the applicant is also entitled to the award of the Bronze Star Medal.

4.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would correct an error and rectify an injustice.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected;

a.  by awarding the individual concerned the Combat Infantryman Badge; and, 

b.  by awarding the individual concerned that Bronze Star Medal based upon the award of the CIB.

BOARD VOTE:  

__JNS __  ___CMF_  __ESC__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__    _John N. Slone___
		        CHAIRPERSON

INDEX

CASE ID	AR2000039370	
SUFFIX		
RECON		
DATE BOARDED	20000803	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	107.0014	
3.		
4.		
5.		
6.