MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:                             29 August 2000 
	DOCKET NUMBER:                     AR199903423

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. John D. Miller		Chairperson	
	Mr. Roger Able		Member	
	Mr. Charles Gainor		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:  Reconsideration of his request for award of the Combat Infantryman Badge (CIB) and the Bronze Star Medal.

APPLICANT STATES:  That he can see why the ABCMR misunderstood his job description as a mortar gunner.  He also states that apparently there must have been a position that was open and to which he was assigned when he served with the 21st Reconnaissance Troop in November 1943 on the Fiji Islands.  In support of his request, the applicant provides a copy of a letter from a Congressional staff member to the Director of the Army Board for Correction of Military Records (ABCMR), dated 31 October 1999, a letter from himself to a Congressional staff member, dated 24 October 1999, a copy of Headquarters Americal Division General Orders Number 103, dated 20 June 1944, and a copy of his Memorandum for Consideration, dated 29 September 1999.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 29 September 1999 (COPY ATTACHED).

The Board originally concluded that the applicant was not entitled to award of the Combat Infantryman Badge because he did not serve in an Infantry military occupational specialty (MOS) in operations against enemy forces while assigned or attached to an infantry unit during World War II and since he is not entitled to
the Combat Infantryman Badge, he is not entitled to award of the Bronze Star Medal.

The letter provided by the Congressional staff member to the ABCMR, dated 31 October 1999, states that the applicant reported an error under Evidence of Record indicating that he was assigned to the 21st Reconnaissance Troop on the Fiji Islands, not the Philippines.  He points out that the Philippine Islands were 
occupied at the time by the Japanese.  This letter also indicated that this error in itself is not pertinent to the evidence requirement for entitlement to award of the Combat Infantryman Badge; however, it does point out the large possibility that military records being reviewed for applicable evidence could and do contain errors.

The applicant provided a copy of his letter to a Congressional staff member of Congress, dated 24 October 1999.  In his letter he indicated that he could see why the ABCMR misunderstood his job description as a mortar gunner.  He contends that apparently there must have been a position that was open and to which he was assigned when he served with the 21st Reconnaissance Troop in November 1943 on the Fiji Islands.  He further stated that he was trained in 
various weapons including the mortar; however, he states that, during combat in 

Bougainville, he served as a rifleman while making patrols behind enemy lines,
served at the outpost on the front lines, and made a beachhead landing where he and nine fellow soldiers went inland for three days and captured a Japanese prisoner.  He goes on to state that he was not a mortar gunner on Bougainville,
but served as a rifleman and that he could obtain affidavits from former service members stating that he performed the same duties as his former service members and the rest of the men who were awarded the Combat Infantryman
Badge.  He concludes by stating that one of his former fellow service members informed him that he had applied for the Combat Infantryman Badge and later discovered he and several others from the 21st Reconnaissance Troop were awarded the Combat Infantryman Badge by Headquarters, Americal Division General Orders Number 103, dated 20 June 1944.

Department of the Army Pamphlet 672-1 (Campaign Credit Register) list the units participating in World War II and provides information regarding unit awards campaigns and occupation credit on these units.  This document shows on page 65 that the 21st Reconnaissance Troop, as identified by the applicant, is actually the 21st Cavalry Reconnaissance Troop of the Americal Division.

War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy.  War Department Circular 186-1944 further provided that the Combat Infantryman Badge was to be awarded only to
infantrymen serving with infantry units of brigade, regimental or smaller size.
Additionally, World War II holders of the Combat Infantryman Badge received a monthly pay supplement known as combat infantry pay and holders of the Expert Infantryman Badge 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 Combat Infantryman Badge 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)
Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was 
confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

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.  This Board agrees that an error existed in the applicant’s case, dated 29 September 1999, indicating that he was assigned to the 21st Reconnaissance Troop on the Philippine Islands instead of the Fiji Islands.  This Board also agrees that this error is not pertinent to award of the Combat Infantryman Badge.  

2.  The Board also noted the letter provided by the applicant to a Congressional staff member in which he indicated that there was a misunderstanding about 
his job description as a mortar gunner and that there was apparently a position
for a mortar gunner which was open and he was assigned to it when he served with the 21st Reconnaissance Troop.

3.  The Board further noted the applicant’s contention that he served as rifleman 
and that he was not a mortar gunner at Bougainville.

4.  Notwithstanding the contentions of the applicant noted above, evidence of records shows the 21st Reconnaissance Troop is a cavalry unit not an infantry 
unit.  Based on regulatory requirements for award of the Combat Infantryman Badge, he is not eligible for award of the Combat Infantryman Badge
as a member of a cavalry unit.  Further the applicant’s original service records 
are available to the Board and they do not show entitlement to the combat infantry pay or award of the Combat Infantryman Badge.  As a result, the Board finds, based on the preponderance of evidence, that the applicant was not eligible for award of the Combat Infantryman Badge.  Therefore his records will not be corrected to show award of the Combat Infantryman Badge.  Further, in the absence of award of the Combat Infantryman Badge, the applicant is not entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge.

5.  The Board also noted the applicant’s contention that several of his fellow 
service members were awarded the Combat Infantryman Badge.  However, this contention is not a basis for award of the Combat Infantryman Badge.  The Board considers each case individually and on its own merit, and as a result, awards received by others are not a basis for the Board to grant an award, particularly an award for exemplary conduct in action against the enemy such as the Combat Infantryman Badge.

6.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

7.  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:

JDM____  RA_____  CG______  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR1999034231	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000829	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19460104	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  60		
2.  157		
3.		
4.		
5.		
6.