MEMORANDUM OF CONSIDERATION

IN THE CASE OF:       

BOARD DATE:           14 March 2002                           
DOCKET NUMBER:   AR2001062955

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	
	Ms. Rosa M. Chandler		Analyst	

The following members, a quorum, were present:

	Ms. JoAnn H. Langston		     Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Walter T. Morrison		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 his records be corrected to show that he is entitled to award of the Combat Infantryman Badge (CIB).

APPLICANT STATES:  That he did not know that he was entitled to the CIB and submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge).

EVIDENCE OF RECORD:  The applicant's military records are presumed to have been lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was limited to that submitted by the applicant.

The applicant's WD AGO Form 53-55 shows that he was inducted into the Army of the United States on 17 March 1944 and he served in military occupational specialty (MOS) 2736 (Medium Tank Driver).  He departed the United States on 31 January 1945 and arrived in England on 8 February 1945.  On an unknown date, he was assigned to the 771st Tank Battalion which was already in the European Theater of Operations.

The 771st Tank Battalion was first constituted on 13 January 1941 as the 5th Armored Regiment and assigned to the 4th Armored Division.  On 15 April 1941, the Fourth Armored Division was activated at Pine Camp, New York.  On 8 May 1941, the 5th Armored Regiment was redesignated as the 35th Armored Regiment and spent most of 1942 in Tennessee performing training maneuvers and in California conducting desert training.  In 1943, the 35th Armored Regiment continued training in California and later moved to Massachusetts.  On 10 September 1943, the regiment reorganized and its component units were redesignated.  The 1st Battalion, 35th Armored Regiment became the 771st Tank Battalion and was relieved from assignment to the 4th Armored Division.  It became a corps asset, an independent tank battalion providing armor support to infantry divisions which had no organic tanks at the time.  The 771st moved to England in 1944 in preparation for the Normandy invasion.  The battalion landed at Utah Beach on July 11, 1944 and participated in fighting in the Normandy, Northern France, Rhineland, Ardennes-Alsace, and Central Europe campaigns, including the Battle of the Bulge.  After World War II, on 1 May 1946, the 771st Tank Battalion was converted and redesignated as Troop A, 71st Constabulary Squadron.

The applicant served with the 771st Tank Battalion from an unknown date until his departure from Europe on 17 August 1946.  He arrived in the United States on 27 August 1946 and he was assigned to Fort George G. Meade, Maryland for separation processing.  His WD AGO Form 53-55 shows that he participated in 

the Rhineland and Central Europe campaigns.  He also is credited with the Good Conduct Medal, World War II Victory Medal, Army of Occupation Medal (with Germany Clasp), the European-African-Middle Eastern Campaign Medal, and the Honorable Service Lapel Button.  He served 2 years, 5 months, and 15 days, of which 1 year, 6 months, and 27 days were served in Europe.  He was honorably discharged on 31 August 1946.

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.  War Department Circular 186-1944 further provided that the CIB was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.  Additionally, World War II holders of the CIB received a monthly pay supplement known as combat infantry pay and holders of the EIB were entitled to expert infantry pay.  Therefore, soldiers had economic as well as intangible reasons to ensure that their records were correct.  Thus, pay records are frequently the best available source to verify entitlement to this award.  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:

a.  Light machine gunner (604)
b.  Heavy machine gunner (605)
c.  Platoon sergeant (651)
d.  Squad leader (653)
e.  Rifleman (745)
f.  Automatic rifleman (746)
g.  Heavy weapons NCO (812)
h.  Gun crewman (864)

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 available evidence does not indicate that the applicant served in an infantry MOS in operations against enemy forces during World War II (WWII).  He was assigned to a tank battalion that provided support to the infantry; however, he did not serve in an infantry MOS.  His MOS was classified as armor.
3.  The Board recognizes that a combat environment may require non-infantry soldiers to temporarily perform the basic infantry duties that all soldiers are taught, but it is not a basis for the award of the CIB.

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

_JHL____  __RWA__  ___WTM_  DENY APPLICATION

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

INDEX

CASE ID	AR2001062955	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020314	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19460331	
DISCHARGE AUTHORITY	AR615-3650	
DISCHARGE REASON	A03.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY	AR615-365	
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.