MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            22 August 2002
	DOCKET NUMBER:   AR2002069166

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Raymond V. O’Connor, Jr.		Member	
	Ms. Barbara J. Lutz		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:  In effect, that he believes that his record of service satisfies his entitlement to the award of the CIB.  He goes on to state that he was serving as a radio operator with Headquarters Company, 47th Infantry Regiment, 9th Infantry Division when he was wounded on 31 March 1943, during an enemy mortar attack.  He goes on to state that he was subsequently evacuated to the United States for treatment and was discharged for physical disability.  He received his award of the Purple Heart, but never received the coveted CIB.

EVIDENCE OF RECORD:  The applicant's military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, which destroyed millions of service records.  However, reconstructed records and information from alternative sources show:

He enlisted in Uniontown, Pennsylvania, on 28 August 1940.  He departed Newport News, Virginia, on 15 October 1942 and arrived in Safi, Morocco, on 8 November 1942.  He was wounded in enemy action on 31 March 1943, near El Gueta, Tunisia.  

He was evacuated back to the United States where he was subsequently discharged at Camp Ellis, Illinois, on 16 September 1943, under the provisions of Army Regulation 615-360, by reason of physical disability.  He had served 3 years and 19 days of total active service and was awarded the Purple Heart, the Good Conduct Medal, the American Defense Service Medal, the European-African-Middle Eastern Campaign Medal with one bronze service star, the World War II Victory Medal, and the Honorable Service Lapel Button WWII.

The available records do not contain a copy of his report of separation (WD AGO Form 53-55).  However, the records show that he has previously attempted to have the CIB awarded and each time was informed by officials at the National Personnel Records Center that there was no evidence to show that he held the military occupational specialty (MOS) of an infantryman.

A staff member of the Board researched documents at the National Archives in College Park, Maryland, and the only information that could be found in the unit’s historical files show that the applicant was serving in the rank of staff sergeant with Headquarters Company, 3rd Battalion, 47th Infantry Regiment, 9th Infantry Division when he was wounded.  No other information was available to verify the applicant’s MOS. 

Army Regulation 600-8-22 establishes the criteria for award of the CIB.  It states, in pertinent part, that to be eligible for the CIB, an individual must be an infantryman with an infantry military occupational specialty (MOS) and must perform duty as an infantryman, as a member of an infantry unit of brigade or smaller size, during any period in which that unit was engaged in ground combat. Battle participation credit alone is not sufficient.

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.  Inasmuch as the Board does not have a report of separation (WD AGO Form 53-55) to verify the applicant’s MOS during the time he served, it must be presumed that he did not possess the MOS of an infantryman at the time he was wounded and therefore did not qualify for award of the CIB.  Accordingly, in the absence of evidence to the contrary, the Board must presume that what the Army did at the time was correct.

3.  While the Board understands his desire to be awarded the CIB for his participation in the war, many soldiers perform the duties of an infantryman during armed conflicts and do not necessarily receive a CIB because they do not meet the criteria specified in the applicable regulation.  While their contributions to the situation at the time are just as important as those who are infantryman assigned to infantry units at the time, the CIB only recognizes those whose full time job is that of an infantryman operating as such in an infantry unit in combat.

4.  Inasmuch as the Board cannot determine his specialty at the time and since he claims to have been a radio operator, the Board finds no basis to award him the CIB.

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

__jhl ____  __bjl____  ___rvo __  DENY APPLICATION

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

INDEX

CASE ID	AR2002069166	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/08/22	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  157	107.0111/CIB	
2.		
3.		
4.		
5.		
6.