PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            30 January 2001
	DOCKET NUMBER:   AR2000046323

	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		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 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, in effect, that he be awarded the Combat Infantryman Badge (CIB) and that the unit which authorized his Purple Heart (PH) be changed to the 6th Infantry Division.  

3.  The applicant states, in effect, that the unit authorizing his PH as listed in the awards and decorations portion of his separation document should be corrected to read the 6th Infantry Division and that he should be awarded the CIB based on his combat service as an infantryman during World War II.  In addition, that his awards and decorations as listed in his separation document are incorrect and he would like them corrected.  

4.  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.  

5.  The evidence or record does include 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 enlisted in the Army of the United States (AUS) on 18 November 1942 and confirms that he served on active duty until being honorably discharged on 11 December 1945, in the rank of private first class (PFC).

6.  The separation document also shows that he served in the Asiatic-Pacific Theater (APT) from 5 August to 16 November 1943 and again from 
14 June 1944 to 14 November 1945.  It also confirms that the applicant military occupational specialty was 345 (Light Truck Driver), and block 34 (Wounds Received in Action) verifies that he was wounded in action in the APT on 14 April 1945.  

7.  The WD AGO Form 53-55 also confirms that while serving in the APT, the applicant participated in the Aleutians, New Guinea, and Luzon campaigns of World War II, and that during his tenure in service he received the following awards and decorations: the PH, via General Order (GO) 8 issued by the 
16th Infantry Division; the APT Campaign Medal; the World War II Victory Medal, the American Theater Campaign Medal, and the Philippine Liberation Ribbon with bronze service star.  

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Chapter 
3 provides procedures and guidance pertaining to individual military decorations.

9.  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.  

10.  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. " 

CONCLUSIONS:

1.  The Board noted the applicant’s contention that the unit listed as authorizing the PH in the awards portion of his separation document was incorrect and finds this claim has merit.  

2.  The separation document confirms his unit of assignment was the 6th Infantry Division and the Board concludes that it is likely the 16th Infantry Division, was incorrectly listed as the unit authorizing the PH in the awards block as a result of an administrative error.  Therefore, in the interest of clarity, the Board concludes that it would be appropriate to correct this error at this time. 

3.  The applicant’s separation document clearly shows that he served in military occupational specialty 345 (Light Truck Driver), 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, lacking evidence to the contrary, the Board is compelled to deny this requested relief. 

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That the separation document of the individual concerned be corrected to change the entry, in block 33, that currently reads “ Purple Heart GO 8 HQ ETPS 16th Inf Div” to read “Purple Heart GO 8 HQ ETPS 6th Inf Div.”

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

___ao___  __bfh ___  __teo ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Arthur A. Omartian____
		        CHAIRPERSON

INDEX

CASE ID	AR2000046323	
SUFFIX		
RECON		
DATE BOARDED	2001/01/30	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1945/12/11	
DISCHARGE AUTHORITY	AR 15-365 	
DISCHARGE REASON	Demobilization	
BOARD DECISION	GRANT PARTIAL 	
REVIEW AUTHORITY		
ISSUES         1.  46	  107.0000	
2.  157	  107.0111	
3.		
4.		
5.		
6.