MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            30 January 2001
	DOCKET NUMBER:   AR2000044737

	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	
	Mr. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Ms. Brenda F. Hirschi		Member	
	Mr. Thomas E. O’Shaughnessy, 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:  In effect, that his separation document be corrected to add the Combat Infantryman Badge (CIB), the Bronze Star Medal (BSM), and a Campaign Medal related to Canadian Coastal Air Defense Artillery. 

APPLICANT STATES:  In effect, that he does not have any documentation to support his request but he did in fact actually receive the CIB and the BSM medals.  Included with the application is a letter from the applicant’s son to the National Personnel Records Center and to his Congressman seeking assistance in obtaining a correction to his father’s record that would include the requested awards.  His reason for making the request was that his father, the applicant, was now 82 years of age and asked for his help in correcting his record. 

EVIDENCE OF RECORD:  The applicant’s military records were not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost in that fire.  

The evidence or record includes a War Department (WD) Adjutant General Office (AGO) Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) provided by the applicant, which was issued to him on  the date of his separation.  This document verifies that he was inducted into the Army of the United States (AUS) on 5 September 1942 and it confirms that he served on active duty until being honorably discharged on 6 November 1945, in the rank of technician five (T-5).

The separation document also shows that the applicant’s military occupational specialty was 650 (Telephone Switchboard Operator) and that he served in the European Theater of Operations (ETO), with the 2nd Battalion of the 32nd Infantry, from 8 December 1944 to 5 September 1945.  In addition, it confirms his participation in the Ardennes, Central Europe, and Rhineland campaigns of World War II and also that during his tenure in service he received the American Service Medal, the European-African-Middle Eastern Service Medal, and the Good Conduct Medal. 

Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  It does not record either a unit award or campaign ribbon related to Canadian coastal operations for the applicant’s unit. 

Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 
3-13 outlines the criteria for awarding the BSM.  It states, in pertinent part, that the BSM is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself or herself by heroic or meritorious achievement or service in connection with military operations against an armed enemy.  

Chapter 8, Section-II (Combat and Special Skill Badges) contains guidance on the award of combat badges.  Paragraph 8-6 contains the policy and procedure pertaining to the award of the CIB.  It states, in pertinent part, that 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.  Campaign or battle credit alone is not sufficient for award of the CIB.  

The definition or requirement to be " engaged in active ground combat" has generated much dialogue over the years as to the original intent of the CIB.  A 1943 War Department Circular required infantrymen to demonstrate "satisfactory performance of duty in action against the enemy."  The operative words 
"in action” connoted actual combat.  A War Department determination in October 1944 specified that "action against the enemy" for purposes of award of the CIB was to be interpreted as "ground combat against enemy ground forces. " 

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 noted the applicant’s contentions that his separation document be corrected to add the CIB, BSM, and a Campaign Medal related to Canadian Coastal Air Defense Artillery.  However, while the Board wishes to congratulate and thank the applicant for his World War II service, it finds no evidentiary support for granting the requested relief. 

2.  The governing publication provides no listing for the applicant’s unit of assignment that would indicate he was authorized a campaign ribbon related the Canadian Coastal Air Defense Artillery operations during World War II.  

3.  Further, the Board finds no available evidence to confirm the applicant’s eligibility for the BSM.  There is no indication in the available evidence that would suggest he was ever cited for distinguishing himself by heroic or meritorious achievement or service in connection with military operations against an armed enemy; thus, the Board finds no basis for awarding the BSM. 
4.  In addition, the applicant’s separation document clearly shows that he served in military occupational specialty 650 (Telephone Switchboard Operator), which would disqualify him from receiving the CIB.  By regulation, in order to have qualified for the CIB during World War II, a soldier must have been an infantryman.  Therefore, the Board is compelled to deny this requested relief. 

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

__ao____  __bfh ___  __teo ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000044737	
SUFFIX		
RECON		
DATE BOARDED	2001/01/30	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1945/11/06	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	Demobilization	
BOARD DECISION	GRANT PARTIAL 	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  60	107.0014	
3.  157	107.0111	
4.  		
5.		
6.