RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 JUNE 2005
      DOCKET NUMBER:  AR20040008621


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Hubert Fry                    |     |Member               |
|     |Ms. Linda Simmons                 |     |Member               |

      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 Bronze Star Medal.

2.  The applicant states that Army Regulation 600-8-22, which governs
military awards, states that the Bronze Star Medal is authorized for all
service members who earned a Combat Infantryman Badge (CIB) prior to 1 July
1947.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation), and a copy of a 6 May 1945 letter from the
Commanding General, Ninth United States Army, commending the 95th Infantry
Division for its accomplishments.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 6 July 1946.  The application submitted in this case is
dated            30 August 2004.

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 limitations 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 available for the Board to conduct a fair and
impartial review of this case.

4.  The applicant was inducted into the Army on 8 August 1944 and served in
the European Theater of Operations during World War II with Company K,
     378th Infantry Regiment, 95th Infantry Division, arriving in that
theater in January 1945 and returning to the United States in June of that
year.  He was honorably discharged at Fort Dix, New Jersey on 6 July 1946.
His report of separation shows that he was awarded the American Campaign
Medal, the European-African-Middle Eastern Campaign Medal, the Good Conduct
Medal, and the World War II Victory Medal.  Item 31 of that report –
Military Qualifications and Date (i.e., infantry, aviation and marksmanship
badges, etc.) shows that he was awarded the M1 rifle Marksman Badge on 15
September 1944.  It does not show award of the Combat Infantryman Badge.

5.  The applicant’s military occupational specialty (MOS) and number shown
in item 30 of his report of separation shows that his MOS and specialty
number was “Finance  624.”

6.  The Unit Citation and Campaign Participation Credit Register shows that
the 378th Infantry Regiment was credited with occupation service in Germany
from    2 May to 12 June 1945.  The Army of Occupation Medal with Germany
clasp is awarded for service in the occupation of Germany between 9 May
1945 and       5 May 1955.

7.  Army Regulation 600-8-22 provides for award of the CIB.  Paragraph 8-6
provides in pertinent part, the history of the CIB, and states, “The Combat
Infantryman Badge (CIB) was established by the War Department on 27 October
1943.  Lieutenant General Lesley J. McNair, then the Army Ground Forces
commanding general, was instrumental in its creation.  He originally
recommended that it be called the ‘fighter badge.’  The CIB was designed to
enhance morale and the prestige of the ‘Queen of Battle.’  Then Secretary
of War Henry Stinson said, ‘It is high time we recognize in a personal way
the skill and heroism of the American infantry.’  … Several factors led to
the creation of the CIB.  Some of the most prominent factors are as
follows: … (b) Of all Soldiers, it was recognized that the infantryman
continuously operated under the worst conditions and performed a mission
which was not assigned to any other Soldier or unit. (c) The infantry, a
small portion of the total Armed Forces, was suffering the most casualties
while receiving the least public recognition. (d) General Marshall’s well
known affinity for the ground Soldier and, in particular, the infantryman.
All these factors led to the establishment of the CIB, an award which would
provide special recognition of the unique role of the Army infantryman, the
only Soldier whose daily mission is to close with and destroy the enemy and
to seize and hold terrain. …  In developing the CIB, the War Department did
not dismiss out of hand or ignore the contributions of other branches.
Their vital contributions to the overall war effort were certainly noted,
it was decided that other awards and decorations were sufficient to
recognize their contributions.”

8.  There are basically three requirements for award of the CIB.  The
Soldier must be an infantryman satisfactorily performing infantry duties,
must be assigned to an infantry unit during such time as the unit is
engaged in active ground combat, and must actively participate in such
ground combat.  Campaign or battle credit alone is not sufficient for award
of the CIB.

9.  The above-mentioned regulation also provides for award of the Bronze
Star Medal to each member of the Armed Forces of the United States who,
after         6 December 1941 has been cited in orders or awarded a
certificate for exemplary conduct in ground combat against an armed enemy
between 7 December 1941 and 2 September 1945.  The award of a Combat
Infantryman Badge is considered as a citation in orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is correct in that Soldiers who served in World War II
are entitled to award of the Bronze Star Medal by virtue of award of the
Combat Infantryman Badge.

2.  The applicant’s report of separation shows that he was a member of
Company K, 378th Infantry Regiment in the European Theater of Operations
during World War II.  That report, however, does not show that he was
awarded the Combat Infantryman Badge as he contends.  His report of
separation, in fact, shows that his specialty was in the finance field, and
not as an infantryman.  Nonetheless, there is no evidence, and the
applicant has not submitted any, to show that he was awarded the Combat
Infantryman Badge.

3.  Consequently, there is no basis to grant the applicant’s request for
award of the Bronze Star Medal.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 July 1946, the date of his
separation from active duty.  The ABCMR was not established until 2 January
1947.  As a result, the time for the applicant to file a request for
correction of any error or injustice expired on 1 January 1950.  However,
the applicant did not file within the 3-year statute of limitations and has
not provided a compelling explanation nor evidence to show that it would be
in the interest of justice to excuse the failure to timely file.

5.  The evidence shows that the applicant’s record contains administrative
error that does not require action by the Board.  The necessary corrections
will be accomplished administratively by the Case Management Support
Division (CMSD), St. Louis, Missouri, as outlined in paragraph 3 of the
Determination/Recommendation section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JS___  ___HF __  ___LS___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Case Management Support Division at St. Louis is requested to
correct the applicant’s records to show award of the Army of Occupation
Medal with Germany clasp.


                                  _______John Slone_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040008621                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050614                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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