PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           19 November 2002                  
	DOCKET NUMBER:   AR2002078359

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Sherri V. Ward		Member	
	Mr. Melvin H. Meyer		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 reconsideration of that portion of his previous application pertaining to award of the Combat Infantryman Badge (CIB).

3.  The applicant states that during World War II, he was assigned to      Company L, 7th Regiment, 3rd Infantry Division.  In January 1944, he made the Anzio Beach landing and served with a rifle company until March 1944, when he was sent to a hospital with severe trench foot.  He was later assigned to noncombat duty.

4.  The Proceedings of the Board’s 26 February 1997 review of the case (AC96-10327) is incorporated herein by reference as if wholly set forth.

5.  The applicant’s submission and a Final Payment Worksheet found in the file are new evidence that require Board consideration.

6.  On 18 December 1999, the applicant was issued all of the awards to which he was then entitled which included the Bronze Star Medal (BSM), the Good Conduct Medal, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal with 2 Bronze Service Stars, the Bronze Arrowhead Device, the World War II Victory Medal, the Expert Infantryman Badge, the World War II Honorable Service Lapel Button and the Marksmanship Qualification Badge with Rifle and Carbine Bars.

7.  The Final Payment Work Sheet, War Department Form 372 A, shows that the applicant received Combat Infantry Pay from 1 February 1944 to 5 April 1944 and Expert Infantry pay from 6 April 1944 to 17 October 1945.

8.  War Department Circular 269-1943 established the CIB and the Expert Infantryman Badge (EIB) to recognize and provide an incentive to infantrymen.  The EIB was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  The CIB was awarded for exemplary conduct in action against the enemy.  War Department Circular 186-1944 further provided that the CIB was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.  Additionally, World War II holders of the CIB 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.

9.  Subsequent to the cessation of hostilities during World War II, the regulation governing the award of the BSM was changed, in part, to provide for the award of this decoration to those individuals who had been awarded the CIB for meritorious achievement in ground combat against the armed enemy between 7 December 1941 and 2 September 1945.

CONCLUSIONS:

1.  Although there is no evidence in the available records to verify that the applicant was assigned to Company L, 7th Regiment, 3rd Infantry Division, other evidence in the Proceedings of the Board’s 26 February 1997 review does show that he was a gunner, MOS 603, and that he participated in an assault landing as show by his having been awarded the Bronze Arrowhead Device.  Furthermore the records show that he must have performed duty as an infantryman since his Final Payment Worksheet indicates that he was awarded combat infantry pay.  In view of the circumstantial evidence available, there is little doubt that he is entitled to the CIB.

2.  Additionally, since the applicant is entitled to the CIB, he is also entitled to the BSM based on the revised criteria for awarding that medal to World War II holders of the CIB.  In the applicant’s case, he is entitled to the BSM with 1st Oak Leaf Cluster since he had previously been awarded the BSM for meritorious achievement in combat.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that he individual concerned was awarded the CIB and the BSM with 1st Oak Leaf Cluster.

BOARD VOTE:

____mhm  ____svw_  ___jns___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________John N. Slone_______
		        CHAIRPERSON

INDEX

CASE ID	AR2002078359	
SUFFIX		
RECON		
DATE BOARDED	20021119	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.		
3.		
4.		
5.		
6.