RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 August 2005
      DOCKET NUMBER:  AR20040009757


      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. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Deborah Jacobs                |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 correction of his military records to show award
of the Combat Infantryman Badge and Bronze Star Medal.

2.  The applicant states, in effect, that his service record is in error
because it does not show these awards.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation Honorable Discharge), dated 5 August 1945; a copy
of his Honorable Discharge Certificate, dated 5 August 1945; 509th
Parachute Infantry Battalion, General Order Number 5, dated 10 April 1944;
and a magazine article about the Combat Infantryman Badge and Bronze Star
Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
5 August 1945, the date of his separation from active duty.  The
application submitted in this case is dated 24 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 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.  Military records show that the applicant enlisted in the U.S. Army on
17 January 1941.  After completion of basic combat training and advanced
individual training, the applicant was awarded military occupational
specialty
225 (Medical Technician), and subsequently completed Parachutist training.

4.  On 28 February 1943, the applicant was assigned to the 509th Parachute
Infantry Regiment and served in the European Theater of Operations until
17 July 1945.





5.  Item 30 (Military Occupational Specialty and No.) of the applicant's WD
AGO Form 53-55, contains the entry, "Laboratory Technician, 858".  Item 32
(Battles and Campaigns) of the document shows he participated in four
campaigns:  Naples-Foggia, Rome-Arno, Southern France, and Ardennes.  Item
33 (Decorations and Citations) of the document shows that the applicant was
awarded the Purple Heart, Good Conduct Medal, Presidential Unit Citation
with bronze oak leaf cluster and bronze arrowhead.

6.  The applicant provided a copy of a general order awarding the Combat
Infantryman Badge to several officers and enlisted men of the 509th
Parachute Infantry Battalion, that also includes the applicant's name.

7.  A review of the applicant's WD AGO Form 24 (Service Record), Page 6
(Medals, Decorations, and Citations), shows the following entries,
"European African Middle East Ribbon, Purple Heart, Combat Inf. Badge, Unit
Citation (Permanent), American Defense, Naples Bronze Service Star, S.
France Bronze Service Star, Rome-Arno Bronze Service Star, Ardennes Bronze
Service Star, and Good Conduct Medal", along with each corresponding
authority and date.  However, the entry, "Combat Inf. Badge, GO #5, HQ 509
Prcht Inf. Bn, 4/10/44" is lined out and initialed.  In addition, Pages 13
and 14 (Remarks - Financial) of the service record does not contain an
entry for the Combat Inf Badge".

8.  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 Military Awards Branch,
U.S. Army Human Resources Command, has advised in similar cases that,
during World War II, the Combat Infantryman Badge was normally awarded only
to enlisted Soldiers who served in the following positions:  Light Machine
Gunner (604), Heavy Machine Gunner (605), Platoon Sergeant (651), Squad
Leader (653), Rifleman (745), Automatic Rifleman (746), Heavy Weapons NCO
(812), and Gun Crewman (864).
9.  Army Regulation 600-8-22 (Military Awards) 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 achievement or service during
that period, was confirmed by documents executed prior to 1 July 1947.  An
award of the Combat Infantryman Badge or the Combat Medical 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
either badge for service during World War II.

10.  The magazine article that the applicant provided summarizes the above
policy.

11.  There is no evidence in the applicant's military service records that
shows he was awarded the Bronze Star Medal.

12.  Review of the applicant's records reveals that he may be entitled to
additional awards which are not shown on his WD AGO Form 53-55.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
American Defense Medal for service within the American Theater between
8 September 1939 and 7 December 1941 under orders to active duty for a
period of 12 months or longer.

14.  Army Regulation 600-8-22, in pertinent part, authorizes award of the
European-African-Middle Eastern Campaign Medal for qualifying service in
the European-African-Middle Eastern Theater of Operations for the period
7 December 1941 to 8 November 1945.  Army Regulation 600-8-22 also
authorizes a bronze service star, based on qualifying service, for each
campaign listed in Appendix B of this regulation and states that authorized
bronze service stars will be worn on the appropriate campaign or service
medal including the European-African-Middle Eastern Campaign Medal.

15.  Army Regulation 600-8-22 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.  The applicant contends, in effect, that he is entitled to award of the
Combat Infantryman Badge based on the general orders he provides, and also
the Bronze Star Medal based on award of the Combat Infantryman Badge.

2.  Evidence of applicant's military service records shows that he did not
possess one of the requisite military occupational specialties or serve in
an infantry position necessary to qualify for award of the Combat
Infantryman Badge.

3.  Notwithstanding the general orders the applicant provided that awarded
him the Combat Infantryman Badge, the applicant's WD AGO Form 24 shows that
the entry was lined out (i.e., deleted) as an erroneous award, which
indicates that the award was revoked.  Further, there is no entry in the
applicant's WD AGO Form 24 showing that he received a monthly pay
supplement to substantiate award of the Combat Infantryman Badge.  In
addition, the applicant's WD AGO Form 53-55 does not show award of the
Combat Infantryman Badge.  Therefore, the applicant is not entitled to
award of the Combat Infantryman Badge.

4.  Based on the above, the applicant is, therefore, not entitled to award
of the Bronze Star Medal.

5.  Evidence of records shows that the applicant was assigned within the
American Theater under orders to active duty for a period of 12 months or
longer, beginning 17 January 1941.  Therefore, he is entitled to correction
of his WD AGO 53-55 to show award of the American Defense Medal.

6.  Evidence of records shows that while the applicant was assigned to the
509th Parachute Infantry Battalion, the unit was awarded the European-
African-Middle Eastern Theater Campaign Medal.  Therefore, he is entitled
to correction of his WD AGO 53-55 to show this ribbon.

7.  Evidence of records shows that while the applicant was assigned to the
509th Parachute Infantry Battalion, the unit participated in four campaigns
during his service in World War II.  Therefore, he is entitled to award of
four bronze service stars to be worn on his European-African-Middle Eastern
Theater Campaign Medal.

8.  Evidence of records show that the applicant's service qualifies him for
award of the World War II Victory Medal.  Therefore, he is entitled to
correction of his WD AGO 53-55 to show this medal.
9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 August 1945, the date of his
discharge.  Therefore, based on the date the Board was established, 2
January 1947, the time for the applicant to file a request for correction
of any error or injustice expired on 1 January 1950.  However, he 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 file.

10.  Evidence shows that the applicant’s records contain administrative
errors which do not require action by the Board.  Therefore, administrative
correction of the applicant’s records will be accomplished by the Case
Management Support Division (CMSD), St. Louis, Missouri, as outlined by the
Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section
below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JS___  ___DB__   ___MJF_   DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show award of the American Defense Medal, European-African-
Middle Eastern Campaign Medal with four bronze service stars, and World War
II Victory Medal.




                                  _____    John Slone________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040009757                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050811                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19450805                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0111.0000                           |
|2.                      |107.0014.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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