RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          23 August 2005
      DOCKET NUMBER:  AR20040010509


      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. Richard P. Nelson             |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. William D. Powers             |     |Member               |
|     |Ms. Marla J. N. Troup             |     |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 in effect, correction of his WD AGO Form 53-55
(Enlisted Record and Report of Separation-Honorable Discharge) to show
award of the Combat Infantryman Badge, the Bronze Star Medal (based on
award of the Combat Infantryman Badge) and addition of one bronze service
star, to be affixed to the European-African-Middle Eastern Theater Campaign
Medal.

2.  The applicant states that the Combat Infantryman Badge was omitted from
his separation documents and, as a result, he was not awarded the Bronze
Star Medal.  In addition, the applicant states, “The changing of the name
of and geographical boundaries of the Ardennes Campaign has given the 79th
Infantry Division the right to another Campaign Star.”

3.  The applicant provides a copy of his WD AGO Form 53-55.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 6 January 1946.  The application submitted in this case is
dated 15 November 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.  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.  The only
documents available to the Board are the applicant’s WD AGO Form 53-55 and
a War Department Form 372A (Final Pay - Work Sheet).  This worksheet
indicates that the applicant was entitled to combat infantry pay when he
was separated from the Army.

4.  The available records show that the applicant was inducted on 26 August
1943.  He served with Company D, 313th Infantry Regiment, 79th Infantry
Division in the European-African-Middle Eastern Theater of Operations,
arriving in the theater on 24 May 1944 and departing on 18 December 1945.
He was honorably discharged on 6 January 1946 in the grade of private first
class.

5.  Item 32 (Battles and Campaigns) of the applicant’s WD AGO Form 53-55
shows that he served in four campaigns:

      a. Normandy (6 June to 24 July 1944);


      b. Northern France (25 July to 14 September 1944);


      c. Rhineland (15 September 1944 to 21 March 1945); and,


      d. Central Europe (22 March to 11 May 1945).

6.  Item 33 (Decorations and Citations) of the applicant’s WD AGO Form 53-
55 shows he is entitled to the European-African-Middle Eastern Campaign
Medal with four bronze service stars, the World War II Victory Medal, and
the Good Conduct Medal.  Item 55 (Remarks) shows he was issued the
Honorable Service Lapel Button.  No other awards or decorations are listed.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat
Infantryman Badge is awarded to infantry officers and to enlisted personnel
and warrant officers who have an infantry military occupational specialty
(MOS).  They must have served in active ground combat while assigned or
attached to an infantry unit of brigade, regimental or smaller size.

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.

9.  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 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.  Army Regulation 600-8-22 shows the dates for the Ardennes-Alsace
Campaign in the European-African-Middle Eastern Theater of Operations as
16 December 1944 to 25 January 1945.

11.  Army Regulation 600-8-22, in pertinent part, authorizes award of 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 service medal.  The regulation also
provides that a silver service star will be worn instead of five bronze
service stars.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the
Presidential Unit Citation (known as the Distinguished Unit Citation until
3 November 1966) is awarded for extraordinary heroism in action.  A unit
must display such gallantry, determination and esprit de corps in
accomplishing its mission as would warrant award of the Distinguished
Service Cross to an individual.  Department of the Army Pamphlet 672-1
(Unit Citation and Campaign Participation Credit Register) indicates that
the 313th Infantry Regiment was cited for award of the Distinguished Unit
Citation for actions during the period 31 December 1944 to 21 January 1945
by War Department General Orders Number 54, dated 1945.

13.  Department of the Army Pamphlet 672-1 also shows whether or not a
World War II or Korean War unit was authorized occupation credit, thus
entitlement to the Army of Occupation Medal.  This document shows the 313th
Infantry Regiment received credit for occupation duty during World War II
in Germany.  It also shows that the 313th Infantry Regiment participated in
the Ardennes-Alsace Campaign.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant served as an infantryman
and received combat infantry pay.  Therefore, he is entitled to award of
the Combat Infantryman Badge.

2.  As a result of being awarded the Combat Infantryman Badge, the
applicant is entitled to award of the Bronze Star Medal.

3.  The available records show that the applicant served with the 313th
Infantry Regiment during the period of the Ardennes-Alsace Campaign.
Therefore, he is entitled to show this campaign on his separation document.
 In addition, he is also entitled to an additional campaign service star,
for a total of five.  As a result, he is entitled to one silver service
star (in lieu of five bronze service stars), to be affixed to the European-
African-Middle Eastern Theater Campaign Medal, and correction of his
records to show this appurtenance.

4.  The applicant is entitled to award of the Army of Occupation Medal with
Germany Clasp.  Therefore, he is entitled to correction of his records to
show this service medal and appurtenance.

BOARD VOTE:

___kan__  ___wdp__  ____mt_  GRANT RELIEF

________  ________  ________  GRANT PARTIAL 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. showing award of the Combat Infantryman Badge;


      b. showing award of the Bronze Star Medal;


      c. showing award of one silver service star, to be affixed to the
European-African-Middle Eastern Theater Campaign Medal;


      d. showing award of the Presidential Unit Citation; and,


      e. adding the Ardennes-Alsace Campaign to Item 32 (Battles and
Campaigns) of the individual’s WD AGO Form 53-55.




            _____kathleen A. Newman______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040010509                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050823                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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