MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 May 2003        
	DOCKET NUMBER:   AR2002081530

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Frank C. Jones		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 reimbursed "combat" pay for his tour of combat during World War II. 

APPLICANT STATES:  That he never received "combat" pay for his tour of combat or overseas pay, nor is it stated on his discharge document.  In support of his application, he submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation).  

EVIDENCE OF RECORD:  The applicant's military records have been lost or destroyed.  This case is being considered using reconstructed records.  The applicant's reconstructed records consist primarily of the WD AGO Form 53-55 and his WD Form 372A (Final Payment Work Sheet) for the period of October 1945.
  
The applicant's reconstructed records show the applicant was inducted on 
17 October 1941.  He served as a light truck driver in the Asiatic Pacific Theater of Operations from 16 July 1942 through 27 September 1945 and was honorably discharged on 23 October 1945.

The Pay Data section on the applicant's WD AGO Form 53-55 shows that he received mustering out pay, travel pay and a total of $296.83 upon his separation from the Army. 

The applicant's WD Form 372A (Final Payment Work Sheet) shows that he was not entitled to combat infantry pay.  

There is no evidence in the available records which shows the applicant received the Combat Infantryman Badge during World War II.

The applicant's WD Form 372A (Final Payment Work Sheet) does not list any other authorized type of "combat" pay.

The applicant's WD Form 372A (Final Payment Work Sheet) shows that he was paid $114.93 for foreign service pay for the period 1 September 1945 to 
11 October 1945.  This pay record also shows that the applicant was paid $296.83 upon his separation from the Army.

There are no other pay records in the available records.

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)

Technical Manual 12-235 prescribed the policy and procedure for the preparation and distribution of separation documents during the period in question.  This manual stated, in pertinent part, that information furnished by the Disbursing Officer would be entered in items 46 (Travel Pay) and 47 (Total Amount) on the WD AGO Form 53-55.  

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.  The Board noted the applicant's contention that he never received "combat" pay for his tour of combat.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was entitled to receive "combat" pay.  Therefore, the Board determined that there is insufficient evidence on which to grant "combat" pay in this case.  

2.  The evidence of record does not support the applicant's contention that he never received overseas pay.  The applicant's pay records show he received foreign service pay for the period 1 September 1945 to 11 October 1945.  

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.  The applicant has failed to submit 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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

LLS___  LE______  FCJ_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002081530	
SUFFIX		
RECON		
DATE BOARDED	20030529	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	128.1400	
2.		
3.		
4.		
5.		
6.