RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            25 MARCH 2004
      DOCKET NUMBER:   AR2003096758


      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             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


  The following members, a quorum, were present:

|     |Mr. Luther L. Santiful            |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Mr. Thomas E. O'Shaughnessy, Jr.  |     |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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Combat Infantryman Badge and "other
entries not shown" on his separation document.

2.  The applicant makes no statements.

3.  The applicant provides a copy of his separation document.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error which occurred on
11 October 1945.  The application submitted in this case is dated 21 August
2003.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
applicant’s records were lost or destroyed in that fire.  However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

4.  Information extracted from the applicant's separation document
indicates that he entered active duty on 17 March 1942 and served in the
European Theater of Operations between April 1944 and December 1944.  He
was honorably discharged on 11 October 1945 as a result of demobilization.

5.  Generally there are basically three requirements for award of the
Combat Infantryman Badge.  The soldier must be an infantryman, assigned to
an infantry unit during such time as the unit is engaged in active ground
combat, and must have actively participated in such ground combat.  During
World War II enlisted personnel awarded the Combat Infantryman Badge were
entitled to an extra $10.00 per month as long as he remained qualified for
the badge.  Entitlement to “badge pay” continued until October 1949 when
the underlying authority was repealed by the Career Compensation Act of
1949.  The applicant’s pay voucher indicates that he was receiving Combat
Infantry Pay.

6.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze
Star Medal is awarded for heroism and for meritorious achievement or
service in military operations against an armed enemy.  The Bronze Star
Medal is authorized for each individual who was cited in orders or awarded
a certificate for exemplary conduct in ground combat between 7 December
1941 and
2 September 1945 or whose such achievement or service, during that period,
was confirmed by documents executed prior to 1 July 1947.  An award of the
Combat Infantryman Badge is considered to be a citation in orders.  This
means, in effect, that the Bronze Star Medal is to be awarded to
individuals who were authorized the badge for service during World War II.
Awards of the Bronze Star Medal based on a Combat Infantryman Badge are
commonly referred to as a conversion award.

7.  Item 34 (wounds received in action) on his War Department Adjutant
General Form 53-55 (Report of Separation Honorable Discharge) indicates he
was wounded on two separate occasions, once in July 1944 and again in
September 1944.  However, his separation document reflects award of only
one Purple Heart.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
for award of the American Campaign Medal.  This campaign medal is awarded
for qualifying service in the American Theater between 7 December 1941 and
2 March 1946.  Qualifying service includes permanent assignment outside the
Continental United States, duty as a crewmember aboard a vessel sailing
ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside
the continental United States as a passenger or in a temporary duty status
for 30 consecutive or 60 nonconsecutive days, or active combat against the
enemy and was awarded a combat decoration or furnished a certificate by a
corps commander or higher, or service within the continental United States
for an aggregate period of one year.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
for award of the World War II Victory Medal.  It is awarded for service
between 7 December 1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  There is sufficient evidence to confirm that the applicant was entitled
to the Combat Infantryman Badge during World War II.  His records should be
corrected accordingly.

2.  Based on his World War II Combat Infantryman Badge, he is also entitled
to the Bronze Star Medal.

3.  The evidence shows that the applicant is also entitled to the American
Campaign Medal and the World War II Victory Medal.

4.  The evidence also shows that he was wounded on two separate occasions
during World War II and as such is entitled to two awards of the Purple
Heart.

BOARD VOTE:

__LLS___  ___LE___  __TEO__  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by:

      a.  awarding him the Combat Infantryman Badge;


      b.  awarding him the Bronze Star Medal as a conversion award based on
his Combat Infantryman Badge;


      c.  showing that he is entitled to the American Campaign Medal and
World War II Victory Medal; and


      d.  showing that he is entitled to two awards of the Purple Heart.







            ____Luther L. Santiful_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003096758                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040325                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |