RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         7 JULY 2005
      DOCKET NUMBER:  AR20040009185


      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. Melvin Meyer                  |     |Chairperson          |
|     |Mr. Eric Andersen                 |     |Member               |
|     |Ms. Carol Kornhoff                |     |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 reconsideration of a previous request for award
of the Combat Infantryman Badge and, in effect, the Bronze Star Medal as a
conversion award based on the Combat Infantryman Badge.

2.  The applicant states, in effect, that he is providing additional
evidence of his combat participation and assignment to an infantry unit in
response to information provided to him when his original request was
closed administratively because his World War II military personnel file
was not available and had likely been lost or destroyed during the 1973
fire in St. Louis.

3.  He notes that the medical records confirm his participation in combat
and that he was assigned to an infantry unit.

4.  In addition to providing evidence that he was treated for wounds
incurred as a result of hostile action in North Africa he also notes that
although his separation document does not reflect entitlement to the Purple
Heart, he did in fact receive the Purple Heart.

5.  The applicant provides extracts from his service medical records in
support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 17 August 1945.  The application submitted in this case
is dated
27 September 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 personnel file  continues  to  be  unavailable.
However, a  copy  of  his  separation  document,  in  conjunction  with  the
extracts from his service medical records provided sufficient  documentation
to conduct a fair and impartial review of this case.
4.  His separation document indicates that he entered active duty on 17
January 1942 and departed the United States in October 1942.  Although his
separation document indicates that he arrived overseas in November 1944,
that appears to be a typographical error.

5.  The extracts from his service medical records confirm that he was
wounded in action on 14 May 1943 and that he was reported as a “B.C.”
(battle casualty).  Those same medical records indicate that the applicant
was assigned to the 47th Infantry when admitted to the hospital.  The
medical records indicate that he was returned to duty in November 1943.

6.  His separation document indicates that he departed the overseas theater
of operations in February 1945 and arrived in the United States in March
1945.  He was honorably discharged on 17 August 1945 at Fort Sam Houston,
Texas as a result of demobilization.  His separation document indicates his
“arm or service” as quartermaster and his duty title as that of a “duty
Soldier III” and his specialty as 590.

7.  War Department Circular 269-1943 established the Combat Infantryman
Badge to recognize and provide an incentive to infantrymen.  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.  Therefore, Soldiers had economic
as well as intangible reasons to ensure that their records were correct.
The Army’s Military Awards Branch 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)


8.  All Soldiers are provided basic combat skills training after they enter
the Army. This is provided to insure that all Soldiers have the survival
skills to perform basic infantry missions when the need arises.

9.  Army Regulation 600-8-22 provides, in pertinent part, that World War II
holders of the Combat Infantryman Badge are entitled to an award of the
Bronze Star Medal.  Such an award is commonly referred to as a conversion
award.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for wounds sustained as a result of hostile action.
Substantiating evidence must be provided to verify that the wound was the
result of hostile action, the wound must have required treatment by a
medical officer, and the medical treatment must have been made a matter of
official record.

11.  Army Regulation 600-8-22 provides that the American Campaign Medal was
established in 1942 and awarded for service within the American Theater
between 7 December 1941 and 2 March 1946.  Service within the continental
limits of the United States for an aggregate period of 1 year qualified for
the award.  The applicant’s separation document indicates he had
approximately 14 months of service within the continental limits of the
Untied States during the period in question.

12.  Army Regulation 600-8-22 also provides 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.  Unfortunately, while the evidence does show that the applicant was
wounded in action, thereby confirming his involvement in combat, and that
he may have been assigned to an infantry element, there continues to be no
evidence which confirms that he held an infantry specialty.  As such, he
continues to be ineligible for the Combat Infantryman Badge.

2.  Because the applicant has not been awarded the Combat Infantryman
Badge, he is not entitled to a Bronze Star Medal as a conversion award.

3.  The evidence does, however, confirm that he was wounded in action on
14 May 1943 and as such is entitled to an award of the Purple Heart.  His
records should be corrected to reflect that decoration.

4.  The evidence also shows that he is entitled to the American Campaign
Medal and the World War II Victory Medal.  His records should be corrected
accordingly.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__MM___  ___RA __  ___CK __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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:

      a.  by awarding him the Purple Heart for wounds sustained on 14 May
1943; and


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


2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Combat Infantryman Badge and the Bronze Star Medal as a
conversion award based on the Combat Infantryman Badge.




                            ______Melvin Meyer________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009185                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050707                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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