PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           23 January 2003
	DOCKET NUMBER:   AR2002072937

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Ms. Kathleen A. Newman		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Patrick H. McGarthy, Jr.		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, through his Member of Congress, reconsideration of his request that the military occupational specialty (MOS) title and number listed in Item 30 (Military Occupational Specialty and No.) of his separation document (WD AGO Form 53-55) be corrected.

3.  The applicant states, in effect, that he served as a Cannoneer with the 
Anti-Tank Platoon, 3rd Battalion, 115th Infantry Regiment, and never served as a Postal Clerk, as is currently indicated in his separation document.  In support of his reconsideration request, the applicant provides a third party statement from a fellow soldier who served with him.  

4.  The Memorandum of Consideration (MOC) of the Board’s 24 January 2002 review of the case (AR2001062662) is incorporated herein by reference as if wholly set forth.  

5.  The applicant’s submission of a third party statement is new evidence and/or argument that requires Board consideration.  The third party statement provided by the applicant is from an individual who states that he served with the applicant when both were members of the same anti-tank gun crew while serving with the 115th Infantry Regiment in Germany during World War II.  

6.  During its original consideration of this case, the Board determined that there was insufficient evidence to support changing the applicant’s MOS.  It based this finding on the fact that applicant’s military records had been lost or destroyed, and he had failed to provide any evidence to show his MOS was Cannoneer instead of Postal Clerk.  

7.  The applicant’s WD AGO Form 53-55 confirms that the applicant served on active duty from 15 April 1943 through 21 January 1946.  It also shows that he served in the European Theater of Operations (ETO) from 14 July 1944 through 3 January 1946.  This document also shows that his branch of service was Infantry, he was assigned to and served in the 115th Infantry Regiment while in the ETO, and that he was awarded the Combat Infantryman Badge while serving in this unit.  

8.  In connection with the processing of this reconsideration request, a member of the Board staff reviewed the unit historical files of the 3rd Infantry Regiment, which are maintained at the National Archives.  These files failed to show that the applicant ever served as a Postal Clerk, as in indicated in his separation document.  

9.  Army Regulation 600-8-22 provides guidance on the Army awards system.  Paragraph 3-13 provides guidance on awarding the Bronze Star Medal.  It states, in pertinent part, that the Bronze Star Medal is authorized for each member of the Armed Forces of the United States who, after 6 December 1941, has been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 
2 September 1945, inclusive, or whose meritorious achievement has been other wise confirmed by documents executed  prior to 1 July 1947.  It further states, that for this purpose, an award of the Combat Infantryman Badge is considered as a citation in orders.  

10.  Paragraph 8-6 provides guidance on award of the Combat Infantryman Badge.  It states, in pertinent part, that 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.  

CONCLUSIONS:

1.  The Board notes the applicant’s request that Item 30 of his WD AGO Form 53-55 be corrected to show his MOS was Cannoneer instead of Postal Clerk, and in light of the new and latest evidence provided, it finds no reason to doubt its merit.  

2.  By regulation, in order to be awarded the Combat Infantryman Badge, a member 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.  

3.  There is no specific official record confirmation that the applicant served as a Cannoneer, but there is absolutely no evidence showing that he ever served as a Postal Clerk.  Based on the lack of official record confirmation of either MOS, the Board finds the third party statement provided by the applicant, coupled with the fact that available records do confirm that he was member of the Infantry branch of service and earned the CIB, more than sufficiently corroborates the applicant’s assertion that served as a Cannoneer vice a Postal Clerk.  Thus, the Board concludes it would be appropriate to grant the requested relief and to correct the record accordingly. 

4.  In addition, during the review of this case, the Board determined that based on his earning the Combat Infantryman Badge during World War II, the applicant is entitled to receive the Bronze Star Medal for his exemplary conduct in ground combat against an armed enemy during World War II.  Thus, the Board concludes it would also be appropriate to award it to him at this time.  

5.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would correct an error or rectify an injustice.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by amending Item 30 (Military Occupational Specialty and No.) of the WD AGO Form 53-55 of the individual concerned to read “Cannoneer - 1602” vice Postal Clerk - 056, as is currently listed; by awarding him the Bronze Star Medal for his exemplary service in ground combat between 14 July 1944 and 2 September 1945 ; and by providing him a corrected separation document that reflects these changes. 

BOARD VOTE:

__KAN__  __GJW  _  __PHM __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Kathleen A. Newman___
		        CHAIRPERSON

INDEX

CASE ID	AR2002072937	
SUFFIX		
RECON	AR2001062662	
DATE BOARDED	2003/01/23	
TYPE OF DISCHARGE	Honorable 	
DATE OF DISCHARGE	1946/01/21	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	Demobilization	
BOARD DECISION	Grant Plus	
REVIEW AUTHORITY		
ISSUES         1.  6	100.0500	
2.  60	107.0014	
3.		
4.		
5.		
6.