PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           31 March 1999                  
	DOCKET NUMBER:   AC97-10978A
				   AR1999015367

	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. Loren G. Harrell		Director	
	Mr. Richard H. Allen		Analyst	

  The following members, a quorum, were present:

	Mr. Curtis W. Barbee		Chairperson	
	Mr. John H. Kern		Member	
	Mr. Walter T. Morrison		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, in effect, correction of Item 30 of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) to show that his military occupational specialty (MOS) and number were as a Rifleman rather than as a Carpenter.  

3.  The applicant states, in continuation of an earlier action to correct military awards on his WD AGO Form 53-55, that he was assigned to an Infantry unit and was wounded in France.  

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center Fire of 1973.  Information herein was obtained from reconstructed personnel records.  These records show that he enlisted on 
15 December l942 and served in the European Theater of Operations (ETO) from October l944 until he was discharged in January l946.  His primary unit of assignment was Company B, 410th Infantry Regiment, 103rd Division.  He attained the rank of technician fifth grade.  His Arm/Branch of Service is shown in item 4 of his WD AGO Form 53-54 as Infantry.

5.  His records show that he earned the Expert Infantryman Badge on 
7 September l944.  He then was awarded the Combat Infantryman Badge by paragraph 4, General Order 25, Headquarters 410th Infantry Regiment, dated 
3 December l944.  

5.  On 26 January l946, he was honorably discharged.  Item 30 of the form shows his MOS was Carpenter-General  (MOS Number 50).  His awards and decorations shown in Item 33 included the Purple Heart, the Bronze Star Medal, the Good Conduct Medal, the American Campaign Medal and the European-African-Middle Eastern (EAME) Medal, with credit for two campaigns (two bronze service stars to the EAME).  He was awarded the World War II Victory Medal at the time of his separation from active duty.  

6.  Subsequent corrective action by this Board 7 January l998, awarded the applicant a second award (first oak leaf cluster) to the Bronze Star Medal.  With that request, the applicant inferred, but did not specifically state that he wanted credit for service as an Infantryman (Rifleman during WWII), MOS 0745. 

7.  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.  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)

8.  Army Regulation 600-8-22, provides, in pertinent part, that the EAME is awarded for service within the European African-Middle Eastern Theater between 7 December 1941 and 8 November 1945 for any service member in a passenger status or on temporary duty for 30 consecutive days or 
60 consecutive days, and in active combat against the enemy and was awarded a combat decoration or furnished a certificate by the commanding general of a corps or higher unit or independent force showing that he actually participated in combat.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility.  For Germany service must have been between 9 May 1945 and 5 May 1955 and the EAME must have been awarded prior to 9 May 1945.

CONCLUSIONS:

1.  Since the CIB can only be awarded to an Infantryman (Rifleman during World War II), and the applicant was awarded the CIB by appropriate orders issued by his Regiment in December l944, the Board concludes that item 30 of his WD AGO Form 53-55 is in error as to his MOS and number.  This item should show service as a Rifleman-0745. 

2.  Further, the evidence of record shows that the applicant served in the ETO from 20 October l944 to 12 January l946, with the 410th Infantry Regiment, 103rd Division.  

3.  Therefore, he would have been eligible for award of the EAME for service between 20 October l944 and 8 May l945 in the ETO with a combat unit, whether or not the medal was actually awarded.

4.  Based on this award, the applicant is also entitled to award of the AOM for at least 30 days service in Germany between 9 May l945 and 12 January l946.  However, he has not been given credit for this award.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing:

	a.  that in Item 30 of the WD AGO Form 53-55, issued to the individual concerned on 26 January l946, that his MOS and number were Infantry-0745; and

b.  that he was awarded the AOM for service in Germany between May l945 and January l946.

BOARD VOTE:  

_CWB___  __JHK__  __WTM__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC97-10978A/AR1999015367	
SUFFIX		
RECON		
DATE BOARDED	19990331	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	DASA	
ISSUES         1.	110.00	
2.	107.00	
3.		
4.		
5.		
6.