PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           19 October 2000                  
	DOCKET NUMBER:   AR2000046214

	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. Loren G. Harrell		Director	
	Mr. Carl W. S. Chun		Director 	
            Mr. W. W. Osborn, Jr.				     Analyst

  The following members, a quorum, were present:

	Mr. Ernest W. Lutz, Jr.		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Ms. Tracey L. Pinson		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. Applicant requests reconsideration of his previous application to correct his military records by awarding him the Combat Infantryman Badge (CIB).

3.  The applicant submits a copy of a Request for Decoration and/or Citation (WD AGO Form 106) dated the date of his discharge.  The form requests award of the Purple Heart, the CIB and associated pay from November 1944.  It is signed by the same officer who signed his Report of Separation.  He also submits a copy of his Separation Qualification Record (WD AGO Form 100).  This form shows that he was a cook for 4 months and a rifleman, military occupational specialty (MOS) 745, for 9 months before he was wounded and taken prisoner in Germany.

4.  The record of Proceedings of the Board’s 19 November 1998 consideration of his case is incorporated herein by reference as if wholly set forth. 

5.  The WD AGO Forms 100 and 106 are new evidence that warrants Board consideration. 

6.  The previous Board denied the applicant’s request for award of the CIB because combat infantry pay was not shown on his final payment voucher.

7.  Army Regulation 672-5-1 (Military Awards) provides, in pertinent part, that World War II holders of the Combat Infantryman Badge are entitled to an award of the Bronze Star Medal.
  
CONCLUSIONS:

1.  The applicant’s WD AGO Form 100 showing his experience as a rifleman, and the WD AGO Form 106 showing that he filed a claim for combat infantry pay contemporaneously with his discharge are sufficient to overcome the absence of this pay on his final payment voucher. 

2.  The applicant served as a infantryman in an infantry company in combat and earned the CIB.  He is entitled to award of the Bronze Star Medal based upon the CIB. 

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned is authorized the CIB and the Bronze Star Medal.                  

BOARD VOTE:

__LEW__  _CJP         _TLP  ___GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Ernest W. Lutz, Jr.___
		        CHAIRPERSON

INDEX

CASE ID	AR2000046214	
SUFFIX		
RECON		
DATE BOARDED	20001019	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.