PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:          27 November 2001
	DOCKET NUMBER:  AR2001056919

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Lester Echols		Member	
	Mr. John T. Meixell		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 his records be corrected to show that he was awarded the Combat Infantryman Badge (CIB).

3.  The applicant states, in effect, that he served in combat as rifleman with an infantry unit and that his separation document should reflect that he was awarded the CIB.  In support of his application, he submits the enclosed Request for Decoration and/or Citation (WD AGO Form 106), dated 29 January 1946; a copy of his honorable discharge certificate; and a copy of his Enlisted Record and Report of Separation (WD AGO Form 53-55).

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973.  The information herein was gleaned from a copy of the applicant’s separation document.

5.  The applicant’s separation document shows he was inducted into the Army on 
3 September 1943 and served on active duty until being honorably released on 29 January 1946.  It also confirms that on the date of his separation he held the rank of private first class and military occupational specialty (MOS) 980 
(Graves Registration Technician).  This document also confirms that during his active duty tenure he was awarded the Purple Heart; World War II Victory Medal; European-African-Middle Eastern Campaign Medal with two bronze service stars; and Good Conduct Medal.

6.  In the processing of this case a review of the historical files of the 
358th Infantry Regiment and the 90th Infantry Division failed to identify the applicant as having been awarded the CIB.  However, there is a WD AGO Form 106 included with the available evidence that shows during his separation processing, the applicant requested that the CIB be added to his record.

7.  The WD AGO Form 106 contains the certification of a personnel officer that the applicant served with 358th Infantry Regiment, 90th Infantry Division, from 
12 January until 9 July 1944, when he was wounded in action.  In addition, it shows that his service as a rifleman with this unit included his participation in the Normandy invasion after joining the unit as a replacement 6 days after D-Day.

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

9.  The Awards Branch, Total Army Personnel Command, has advised in similar cases that, during World War II, the CIB was normally awarded only to enlisted individuals who served in the following positions:  Light machine gunner (604); Heavy machine gunner (605); Platoon sergeant (651); Squad leader (653); Rifleman (745); Automatic rifleman (746); Heavy weapons NCO (812); and 
Gun crewman (864).  However, there are numerous examples of cases where the CIB was awarded to soldiers who did not hold one of the cited MOSs when their exemplary conduct in ground combat serving in an infantry capacity with an infantry unit could be confirmed.  

10.  Army Regulation 600-8-22 provides the policy and procedure for the Army awards program.  Paragraph 3-13d provides, in pertinent part, that the BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The BSM is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945, or whose such achievement or service, during that period was confirmed by documents executed prior to 1 July 1947.  The regulation stipulates that award of the CIB is considered to be a citation in orders for this purpose.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he is entitled to the CIB and it finds this claim has merit.  The available evidence shows that the applicant was serving with an infantry unit performing infantry duties as a rifleman and was personally present with this unit while it engaged the enemy in combat during the period 12 January to 9 July 1944, as evidenced by the personnel officer certification contained in the WD AGO Form 106 on file.  

2.  Even though there is no evidence that the WD AGO Form 106 claim was ever approved or acted upon at the time, the Board took special note of the fact that the applicant raised his CIB entitlement claim in real time during his separation processing, and not just as an afterthought several years later.  The Board finds this lends further credibility to his current claim of entitlement to the CIB.

4.  The Board finds the facts of this case support awarding the applicant the CIB. The personnel officer certification contained in the WD AGO Form 106 confirms that the applicant served as a rifleman with the 358th Infantry Regiment, from 
12 January to 9 July 1944, and was wounded in action on 9 July 1944, while personally present with this unit when it engaged the enemy in ground combat.

5.  By regulation, the BSM is authorized to each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat for the period 7 December 1941 through 2 September 1945, and for this purpose the CIB was considered a citation in orders.  Therefore, based on this regulatory criteria, the Board’s action to award the applicant the CIB also entitles him to receive the BSM at this time.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Combat Infantryman Badge and Bronze Star Medal; and by providing him a corrected separation document that reflects these changes.

BOARD VOTE:  

__AAO__   _ _LE __  __JTM___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		    __Arthur A. Omartian__
		        CHAIRPERSON

INDEX

CASE ID	AR2001056919	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/11/27	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.