MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           2 April 2002                   
	DOCKET NUMBER:   AR2001058147

	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. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Ms. Regan K. Smith		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, award of the Combat Infantryman Badge (CIB).

APPLICANT STATES:  In effect, that he was awarded two-battle service stars for his service in Germany; however, he did not receive the CIB.  

EVIDENCE OF RECORD:  The applicant's military records show:

On 6 July 1943, the applicant was inducted into the Army of the United States.  
He completed the required training and was awarded military occupational specialty (MOS) 745 (Rifleman).  He was assigned to Headquarters Company, 1st Battalion, 513th Parachute Infantry Unit, Fort Bragg, NC.

On 8 January 1945, the applicant was convicted by a special court martial of being absent without leave (AWOL) from 6 December 1943 to 7 December 
1944.  He was sentenced to confinement at hard labor (CHL) for six months and a forfeiture of $18.00 pay per month for 6 months.  (The sentence to CHL was apparently suspended).

On or about 24 January 1945, the applicant departed for an assignment in the European Theater of Operations (ETO).  He arrived in the ETO on or about
30 January 1945.  

The applicant was reported for being AWOL on or about 26 March 1945.  He was returned to military control on or about 7 August 1945.  (He was placed in military confinement).

On 4 December 1945, the applicant was convicted by a general court martial of being AWOL from 26 March to 8 August 1945.  He was sentenced to a dishonorable discharge, CHL for 7 years and a forfeiture of all pay and allowances.  On 7 December 1945, the sentence was approved by the general court-martial convening authority, but the period of CHL was reduced to 5 years. The execution of that portion thereof adjudging a dishonorable discharge was suspended until the applicant’s release from confinement.  

On 15 November 1946, the unexecuted portion of the applicant’s sentence pertaining to CHL and a forfeiture of pay and allowances in this case was remitted upon the applicant’s enlistment in the Regular Army. 

On 18 December 1946, the applicant was granted a discharge from the military service under conditions other than honorable for the purpose of permitting enlistment in the Regular Army.  The applicant’s Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-56) for the period 6 July 1943 to 18 December 1946 shows in item 33 (Decorations and Citations) two Bronze Service Stars for the Rhineland and Central Europe Campaigns and the Good Conduct Medal.  The WD AGO Form 53-56 does not reflect the award of the CIB.

On 19 December 1946, in Wurzburg, Germany, the applicant reenlisted in the Regular Army.  On 18 June 1948, the applicant was honorably discharged from military service.  

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.  

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.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The evidence of record shows that the applicant held an infantry MOS and was attached to a Parachute Infantry unit.  However, the evidence of record also shows that between 6 December 1943 and 23 January 1945, the applicant was either AWOL or in military confinement including the period of service in questioned.  

3.  Therefore, without substantiated evidence, which shows, that the applicant actually engaged in active ground combat the Board is unable to authorize the award of the CIB.

4.  The Board notes that the applicant’s WD AGO Form 53-56, lists 2 bronze service stars for campaign credit and the Good Conduct Medal as authorized awards.  The Board believes, that an error occurred in this case, but the Board cannot and would not take action to take away medals that the applicant was already issued no matter what conditions under which they were presented.

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

__wtm___  __clg___  __rks___  DENY APPLICATION

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

INDEX

CASE ID	AR2001058147	
SUFFIX		
RECON		
DATE BOARDED	20020402	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.