MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            30 January 2001                  
	DOCKET NUMBER:   AR2000043572

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian 		Chairperson	
	Ms. Brenda F. Hirschi 		Member	
	Mr. Thomas E. O’Shaughnessy 		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:  The applicant requests correction of his records to show award of the Combat Infantryman Badge (CIB).

APPLICANT STATES:  In effect, that he served with Company E, 2nd Platoon, 23rd Infantry Regiment from early 1950 through March 1951.  He submits an undated letter to the Board in which he states that he was a rifleman and that he engaged in battle against hostile forces while serving with the 23rd Infantry.  In early April 1951, he reported to the “USS Repose Hospital Ship” for treatment of “frozen feet.”  It was not until the latter part of April 1951 that he was assigned to the 728th Military Police (MP) Company.  He served as an MP until July 1951.  Additionally, he contends that he was entitled to pay that he had not received.  He also submits a WD AGO Form 53-55 (Enisted Record and Report of Separation-Honorable Discharge), a DD Form 214 (Report of Separation from the Armed Forces of the United States), and honorable discharge certificates for periods of service ending on 9 November 1946 and 21 March 1953, respectively, in support of his request.

EVIDENCE OF RECORD:  The applicant's military records are presumed lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from the applicant and alternate sources.

The available records show that he enlisted in the Enlisted Reserve Corps (ERC) on 11 July 1945.  He served in an active duty status from 11 August 
1945-9 November 1946.  His military occupational specialty (MOS) was
745 (Rifleman).  His WD AGO Form 53-55 shows that he was awarded the World 
War II Victory Medal and that he had no foreign service during this period of service.

On 24 October 1949, he reenlisted in the ERC for an unknown period.  He served in an active duty status from 4 October 1950 until he was honorably released back to the ERC on 10 August 1951.  His DD Form 214 shows that his most significant duty assignment was with the 728th MP Battalion, Korea.  His awards included the Korean Service Medal with 1 Bronze Star.  He was honorably discharged from the ERC on 21 March 1953. 

Neither his WD AGO Form 53-55 nor his DD Form 214 shows that he was entitled to award of the CIB.

A DA Form 1577 (Authorization for Issuance of Awards) shows that he was issued the awards that are shown on his DD Form 214 and his WD AGO Form 53-55 on 19 June 1999 by the Army Personnel Records Center, St Louis, Missouri.  In addition to those awards he had been previously authorized, he was authorized the Good Conduct Medal, the National Defense Service Medal, the United Nations Service Medal, and the Honorable Lapel Button (World War II).

The available records do not contain any pay records.  However, it is noted that there is a 6-year statute of limitations to request back pay and allowances.

Army Regulation 600-8-22 prescribes 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 specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry 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.  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 this requirement.

2.  There is no evidence of record which shows that the applicant served in an Infantry MOS in operations against enemy forces while assigned or attached to an Infantry unit during World War II or in Korea. 

3.  The documents that the applicant submitted to the Board do not provide a basis upon which the CIB can be granted.  Therefore he is not entitled to award of the CIB.

4.  Further, he has provided no documentation to show that he is entitled to any back pay and allowances from 1950, or that there is any reason to waive the      6-year statute of limitations to allow back pay and allowances from 1950.

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:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__aao___  __bfh___  __toe ____  DENY APPLICATION

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

INDEX

CASE ID	AR2000043572	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010130	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19510810	
DISCHARGE AUTHORITY	SR 615-363	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0000	
2.		
3.		
4.		
5.		
6.		

War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy.