MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           7 May 2002                  
	DOCKET NUMBER:   AR2001066199

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Kenneth W. Lapin		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. 

APPLICANT STATES:  In effect, that his toes were amputated as the result of frostbite suffered during the Battle of the Bulge.  He submits his Department of Veterans Affairs (VA) medical records to substantiate his case.

EVIDENCE OF RECORD:  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.

The applicant was inducted on 15 March 1944.  He reached the European Theater of operations on 23 October 1944 and was apparently assigned to I Company, 346th Infantry, 87th Infantry Division.  He was hospitalized on 4 January 1945 for a cold weather injury that resulted in amputation of toes from both feet.  He was evacuated to the United States and separated from active duty on a certificate of disability for discharge on 31 July 1945.

The WD AGO Form 53-55 (Enlisted Record and Report of Separation), which the applicant signed as the person being discharged, listed no military occupational specialty, no military qualifications, no decorations and no wounds received in action.

On 15 August 2000, this Board denied the applicant’s request (AR2000041462) for award of the Purple Heart because the available evidence indicated that the disabling condition was due to trenchfoot, which was precluded by the regulations in effect at the time from being the basis for an award of the Purple Heart.

No service medical records are currently available.  His available VA medical records indicate that he, “…suffered frostbite during the Battle of the Bulge in 1944.…”  However, 1990 is the earliest VA medical records available.

The West Point Atlas of American Wars, Volume II, in describing the January 1945 portion of the Ardennes Campaign (popularly known as Battle of the Bulge) relates “Montgomery would begin his counteroffensive on 3 January.  In the meantime, Bradley was given the newly reestablished theater reserve–the 87th Infantry, 11th armored and 17th Airborne Divisions–all new units without combat experience.  As they arrived, Patton immediately pushed them into battle;” 

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.  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)

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.  Unfortunately, there is no available evidence that the applicant either held an infantry MOS or performed duties as an infantryman in combat.  Furthermore, the World War II criteria specifically required “exemplary conduct in action against the enemy” and not simply being in combat.  Additionally, it appears that the applicant’s unit was newly committed to combat which further reduces the probability that he, in fact, qualified for the award.

2.  The Board acknowledges the applicant’s service and sacrifice and regrets that there is no available evidence to substantiate his request.  

3.  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.  There is no available evidence that would satisfy this requirement.

4.  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.

NOTE:  Officials at the ARBA Support Division in St. Louis are requested to administratively correct the applicant's separation document to reflect that his authorized awards include the European-African-Middle Eastern Campaign Medal with one bronze service star the American Campaign Medal and the World War II Victory Medal.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_sac ____  __jtm___  __kel____  DENY APPLICATION

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

INDEX

CASE ID	AR2001066199	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE	20020507	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.