RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           29 March 2005
      DOCKET NUMBER:  AR20040005522


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Patrick H. McGann             |     |Member               |
|     |Ms. Susan A. Powers               |     |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 (BSM) based on
award of the Combat Infantryman Badge (CIB).

2.  The applicant states that his records list him as being in a Field
Artillery Unit with the 45th Division.  When he got to France he was sent
to the 157th Infantry as a forward observer.  He was captured while with
the 157th Infantry on the front lines under combat.  He states the Army
Board for Correction of Military Records (ABCMR) should exercise its
investigative authority, as provided in Army Regulation 15-185, section
VIII(27)(b) and assist him in obtaining information to determine the unit
with which he served when he was captured and injured (i. e, 29 April
1945).  He also states the ABCMR should contact the Environmental Support
Group to determine the activities of that unit on that date (29 April 1945)
near Dachau, Germany.

3.  The applicant provides a DD Form 215 (Correction to DD Form 214,
Certificate of Release or Discharge from Active Duty) and an article about
award of the BSM based on award of the CIB.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 4 December 1954.  The application submitted in this case
is dated    7 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 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.  This
case is being considered using reconstructed records, which primarily
consist of his separation documents and medical records.

4.  The applicant was inducted into the Army on 16 September 1944 and
entered active duty on 18 September 1944.  He arrived in the European
Theater of Operations on 5 March 1945.  There is evidence of record to show
he was captured on 29 April 1945 and very shortly thereafter released.  He
departed the European Theater of Operations on 9 June 1945.  He was
separated on               2 January 1946.

5.  The applicant's WD AGO Form 53-55 (Enlisted Record and Report of
Separation) for the period ending 2 January 1946 shows his arm of service
as Field Artillery, his organization as Battery A, 4th Battalion, 2d
Regiment, and his military occupational specialty as Gun Crewman.

6.  A medical treatment record dated 30 April 1945 shows the applicant's
unit as Battery C, 158th Field Artillery Battalion, 45th Division.  A WD
AGO Form Number 63 (Report of Physical Examination) dated 26 May 1945 shows
his unit as Battery C, 158th Field Artillery Battalion.

7.  The applicant immediately reenlisted on 3 January 1946 and was
separated on 7 December 1946.  His WD AGO Form 53-55 for the period ending
                7 December 1946 shows his arm of service as Field
Artillery.

8.  The applicant enlisted in the Army on 17 August 1951 and separated on
      4 June 1954.  Although there is conflicting medical evidence of
record as to whether his arm of service was Artillery or Infantry, his DD
Form 214 for the period ending 4 June 1954 shows he was awarded the CIB.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  In pertinent part, it
states that the CIB was established during World War II to 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.  The badge was intended as an inducement for individuals to
join the infantry while serving as a morale booster for infantrymen.

10.  In developing the CIB, the War Department did not dismiss or ignore
the contributions of other branches.  Their vital contributions to the
overall war effort were noted, but it was decided that other awards and
decorations were sufficient to recognize their contributions.  From the
beginning, Army leadership have taken care to retain the badge for the
unique purpose for which it was established.  The War Department received
requests to award the CIB to non-infantry individuals and units employed as
infantry during tactical emergencies.  All of those requests were
disapproved based on the fact that the regular infantryman lived, slept,
ate, and fought as an infantryman on a continuous and indefinite basis
without regard to the tactical situation.

11.  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.

12.  Army Regulation 600-8-22 provides for the award of the BSM to any
person who distinguished himself or herself by heroic or meritorious
achievement or service, not involving participation in aerial flight, in
connection with military operations against an armed enemy.  It also
provides for award of the BSM        to members of the armed forces who,
after 6 December 1941 and prior to            3 September 1945, have been
cited in orders or in a formal certificate for meritorious or exemplary
conduct in ground combat against the armed enemy.  A citation in orders for
the Combat Infantryman Badge or Medical Badge awarded in the field during
the period of actual combat against the armed enemy is considered as a
citation for exemplary conduct in ground combat.

13.  Army Regulation 15-185 (Army Board for Correction of Military
Records), the version effective 1 April 1977 stated in paragraph 27b that
"The Board is authorized to call upon the Office of the Secretary of the
Army and the Department of the Army General and Special Staffs for
investigation and advisory services and upon any other Department of the
Army agency for assistance, within the specialized jurisdiction of that
agency."

14.  Army Regulation 15-185, version effective 29 March 2000, superseded
the version effective 1 April 1977.  Paragraph 2-2c states that the ABCMR
is not an investigative body.  Paragraph 2-9 states that the applicant has
the burden of providing an error or injustice by a preponderance of the
evidence.  Paragraph  1-10c states that commanders of Army Staff agencies
and commands will provide records, investigations, information, and
documentation upon request of the ABCMR.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was assigned to the 157th Infantry
Regiment is noted.  However, there are three requirements for award of the
CIB. In addition to being assigned to an infantry unit during such time as
the unit is engaged in active ground combat and actively participating in
such ground combat, the Soldier must be an infantryman satisfactorily
performing infantry duties.

2.  The evidence of record shows the applicant was not an infantryman
during his World War II service but a field artilleryman.  While the
evidence of record shows he was awarded the CIB during his Korean War
service, award of the BSM based upon the CIB is only for a CIB awarded
after 6 December 1941 and prior to 3 September 1945.
3.  The burden of providing evidence to support a request to the ABCMR
rests with the applicant as noted in the current version of Army Regulation
15-185.  Although the current version does state that commanders of Army
Staff agencies and commands will provide records, investigations,
information, and documentation upon request of the ABCMR, "investigations"
refers to investigations already conducted (such as an Inspector General
investigation conducted in response to an applicant's earlier complaint)
and not to investigations performed at the request of the ABCMR in support
of an application.

4.  Regrettably, there is insufficient evidence on which to award the
applicant the BSM based upon award of the CIB.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 4 December 1954; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on      3 December 1957.  However, the applicant did not
file within the 3-year statute of limitations and has not provided a
compelling explanation or evidence to show that it would be in the interest
of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__mhm___  __phm___  __sap___  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.




            __Melvin H. Meyer_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040005522                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050329                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0014                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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