MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  6 June 2002
	DOCKET NUMBER:  AR2002068539

	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	
	Mr. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. Thomas E. O'Shaughnessy		Member	
	Mr. John T. Meixell		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 he be awarded the Combat Infantryman Badge (CIB).

APPLICANT STATES:  That he participated in ground combat with the enemy during his service overseas, particularly in the campaigns to liberate the Philippine Islands.  He provided a copy of his WD AGO Form 53-98 (Military Record and Report of Separation Certificate of Service) and his 
WD AGO Form 100 (Separation Qualification Record).

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

The Board requested the applicant’s military records from the repository in 
St. Louis, Missouri, but without success.  A fire destroyed approximately 
18 million service members’ records at the National Personnel Records Center in 1973.  It is believed his records were lost in that fire.

His WD AGO Form 53-98 shows that he entered active duty on 20 March 1943 and that he was honorably discharged on 15 April 1946 as a first lieutenant in the Army of the United States (AUS).  His branch of service is shown as CWS (Chemical Warfare Service) and his military occupational specialty (MOS) as Chemical Warfare Unit Commander, 1413.  At the time of his separation, his unit was the 85th Chemical Mortar Battalion.  His WD AGO Form 100 shows that he served as a Chemical Warfare Unit Commander for 28 months and as an Ammunition Supply Officer for 9 months.  There is no record of enlisted service.

He departed the U. S. on 20 July 1944 and arrived in New Guinea on 24 August 1944.  He departed the Asiatic-Pacific Theater on 7 January 1946 and arrived in the U. S. on 30 January 1946.  He was awarded the American Theater Ribbon, the Asiatic-Pacific Ribbon with 4 bronze service stars, the Philippine Liberation Ribbon with 3 bronze service stars, and the Victory Medal (World War II Victory Medal).

Army Regulation 600-8-22 (Military Awards), paragraph 8-6c states, in pertinent part, that for an officer to be eligible for the CIB, the officer must be an Army infantry or special forces officer in the grade of colonel or below who, subsequent to 6 December 1941, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  Officers with other than an infantry or special forces MOS are not eligible, regardless of the circumstances.

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 applicant is not eligible for award of the CIB according to the regulatory requirements since he was not assigned an infantry officer or a special forces officer MOS and assigned or attached as a member of an infantry, ranger, or special forces unit.

2.  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

___sk__  ___to___  ___jm_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002068539	
SUFFIX		
RECON		
DATE BOARDED	20020606	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0111 - CIB	
2.		
3.		
4.		
5.		
6.