MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           1 August 2001                   
	DOCKET NUMBER:   AR2001056337

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Ernest W. Lutz, 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:  That the two Reports of Separation, WD AGO Form 53-55 and WD AGO Form 53, and the discharge certificate pertaining to her deceased spouse, a former service member (FSM), be corrected.

APPLICANT STATES:  That the dates the FSM was in Germany are incorrect.  He jumped on the Rhine in Wesel, Germany on 24 March 1945.  He was entitled to award of the Combat Infantryman Badge (CIB).  His discharge certificate shows his rank as technician 4th grade; however, his military identification card shows his rank and grade as staff sergeant, E-6.  

EVIDENCE OF RECORD:  The FSM's military records were lost or destroyed in the National Personnel Records Center fire in 1973.  The information contained herein was obtained from alternate sources.

The FSM’s WD AGO Form 53-55 for the period ending 17 January 1946 shows that he was inducted and entered active duty on 26 March 1942.  He completed parachute training on 29 September 1944.  Item 37 shows he spent 3 years and 21 days in continental service and 8 months and 29 days in foreign service.  Item 36 shows he departed the continental United States on 5 April 1945 and arrived in the European Theater of Operations (ETO) on 18 April 1945.  Item 3 shows his grade as corporal and item 38 shows his highest grade held as corporal.  Item    6 shows his organization as Headquarters and Headquarters Company, 505th Parachute Infantry.  Item 30 shows his military occupational specialty (MOS)      as message center clerk.  Item 36 shows he departed the ETO on 29 December 1945 and arrived in the continental United States on 3 January 1946.  He separated on 17 January 1946 for the purpose of immediately reenlisting on     18 January 1946.  His honorable discharge certificate shows his rank as corporal.

The FSM’s WD AGO Form 53 for the period ending 10 August 1947 shows that he departed the continental United States on 29 August 1946 and arrived in the European-African-Middle Eastern Theater of Operations on an unknown date.  He was apparently injured while in Germany and was returned to the continental United States on 22 December 1946.  He was discharged on 10 August 1947 with a certificate of disability.  Item 3 shows his grade as technician 4th grade and item 36 shows his highest grade held as technician 4th grade.  His honorable discharge certificate shows his rank as technician 4th grade.

The applicant provides a photograph of the FSM taken on an unknown date.  In the photograph he is wearing corporal stripes and what appears to be a CIB.  She provides a photograph taken on an unknown date of what is identified as the 507th Regiment’s headquarters’ location.  She provides what appears to be an undated extract from a unit roster showing the FSM was in the “507.”  She provides a one-page extract from an article titled “Talon Crosses the Rhine,” a brief history of the 507th Parachute Infantry Combat Team’s actions on 24 March 1945.  She provides an undated change of address card showing the FSM’s new permanent address was Headquarters and Headquarters Company, 507th Parachute Infantry and that his rank was corporal.  She provides a xerox copy of the FSM’s military identification card showing his rank as staff sergeant, E-6.

Army Regulation 600-8-22 prescribes Army policy and criteria concerning individual military awards.  In pertinent part, it states that the CIB was established during World War II to provide special recognition of the unique role of the Army infantryman, the only soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain.  The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen.  In developing the CIB, the War Department did not dismiss or ignore the contributions of other branches.  Their vital contributions to the overall war effort were noted, but it was decided that other awards and decorations were sufficient to recognize their contributions.  From the beginning, Army leadership have taken care to retain the badge for the unique purpose for which it was established.  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.  

The rank “staff sergeant, E-6” was established on 1 June 1958.  During the period 1 September 1942 through 31 July 1948, the enlisted rank structure ranged from grade 7, private up to grade 1, master sergeant and first sergeant.  Corporal and technician 5th grade were grade 5; sergeant and technician 4th grade were grade 4.  

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 acknowledges that there is evidence to show that the FSM was assigned to the 507th Parachute Infantry; however, there is no evidence to show he was assigned to that unit on 24 March 1945.  The applicant has provided no evidence to show that the FSM did not first arrive in the ETO on 18 April 1945.

2.  The Board acknowledges that it appears the FSM is wearing the CIB in the one photograph provided by the applicant.  However, the evidence of record shows he did not hold an infantry MOS.  Therefore, he did not meet the eligibility criteria for award of the CIB.  Many individuals were probably not aware of the strict requirements for award of the CIB and commanders may have erroneously awarded the CIB where the eligibility criteria had not been met.  Nevertheless, that would be insufficient reason to add the CIB to the FSM’s Report of Separation.

3.  There is no evidence of record to show that the FSM ever held any rank other than corporal during the period covered by his WD AGO Form 53-55 or technician 4th grade during the period covered by his WD AGO Form 53.  The photograph and change of address card provided by the applicant shows he was a corporal.  She provides no evidence to show he was promoted beyond those grades.  From the evidence available, it appears that his military identification card showing his rank and grade as staff sergeant, E-6 was in error.  

4.  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

__jh____  __mhm___  __ewl___  DENY APPLICATION

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

INDEX

CASE ID	AR2001056337	
SUFFIX		
RECON		
DATE BOARDED	20010801	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.