MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 June 2003       
	DOCKET NUMBER:   AR2002083133

	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:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Ronald E. Blakely		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:  Award of the Combat Infantryman Badge.

APPLICANT STATES:  In effect, that he is entitled to the Combat Infantryman Badge because he served as an infantryman in combat during World War II.  He contends that on 5 October 1944, by orders of the Regimental Commander of the 506th Parachute Infantry and the Commanding General of the 101st Airborne Division, B Company of the 326th Airborne Engineers was converted to infantrymen.  He states that they were sent into Holland to back up the 3rd Battalion of the 506th Parachute Infantry and stop the German attack.  He further states that he was in the thick of the fighting with H Company, 3rd Battalion of the 506th Parachute Infantry when he was seriously wounded in action.  He also states that para-troop engineers were infantry the minute they dropped behind the German lines.  In support of his application, he submits a letter of explanation, dated 27 November 2002; four pages of signatures; and an article titled "Opheusden."      

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 (Enlisted Record and Report of Separation), his Final Payment - Worksheet and limited medical records.

The applicant's reconstructed records show the applicant was inducted on 
3 March 1943.  He served as a radio operator in the European Theater of Operations from 6 August 1944 through 29 November 1944 and was honorably discharged on 14 March 1946.

The applicant’s WD AGO Form 53-55, which was authenticated in his own hand, does not show the Combat Infantryman Badge as an authorized award.

The applicant's WD AGO Form 53-55 shows the applicant served in military occupational specialty (MOS) 770 (radio operator) and was assigned to Company B, 326th Airborne Engineer Battalion Division during World War II.   

There are no orders for the Combat Infantryman Badge in the available records.

The applicant’s War Department Form 372A (Final Payment – Work Sheet) does not reflect entitlement to combat infantry pay.

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)

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 served as an infantryman in combat in the European Theater of Operations during World War II.  However, evidence of record shows that he served in MOS 770 (radio operator), not in an infantry MOS.  

2.  There are no orders for the Combat Infantryman Badge, the applicant signed his discharge document attesting to the fact that he was not entitled to the Combat Infantryman Badge and his Final Payment Work Sheet does not show entitlement to combat infantry pay.  Therefore, the Board determined that there was insufficient evidence on which to base award of the Combat Infantryman Badge in this case. 

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

MKP____  REB____  FCJ_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002083133	
SUFFIX		
RECON		
DATE BOARDED	20030624	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.