RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 September 2005
      DOCKET NUMBER:  AR20040010536


      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. Robert J. McGowan             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ronald E. Blakely             |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 his WD AGO Form 53-55 (Enlisted Record and
Report of Separation - Honorable Discharge) be corrected to show the 70th
Military Police (MP) Company as his last unit of assignment, his date of
birth as 22 February 1917, and all of the awards and decorations for which
he is eligible, including the Combat Infantryman Badge (CIB).

2.  The applicant states these errors were brought to his attention by a
veteran's service officer (VSO).

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 27 July 1945.  The application submitted in this case is dated
19 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 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.  This case is
being considered using reconstructed records, which primarily consist of
those provided by the applicant.

4.  The applicant was born in Corning, New York on 22 February 1917.  His
WD AGO Form 53-55 shows he enlisted in the Army on 3 February 1942 and
served in military occupational specialty (MOS) 677 (Military Policeman).
He served in the Continental United States (CONUS) from 3 February 1942 to
8 June 1943.  On 22 June 1943, he arrived in the European Theater of
Operations (ETO) and
served there until 10 July 1945, when he departed the ETO for return to
CONUS. He arrived in CONUS on 16 July 1945 and was separated at Fort Dix,
New Jersey on 27 July 1945.

5.  The applicant's WD AGO Form 53-55 also shows his organization in Item 6
as "20 MP CO [20th Military Police Company]."  In Item 33 (Decorations and
Citations), it shows he was awarded the Good Conduct Medal (GCMDL) by
Company Order #5, Headquarters 70th MP Company on 2 February 1945.

6.  The applicant's WD AGO Form 53-55 shows he was awarded the Expert
Marksmanship Qualification Badge (M1 Rifle), European-African-Middle
Eastern (EAME) Service Medal, and the Good Conduct Medal as previously
mentioned.  It shows he participated in 5 campaigns in the ETO.

7.  Historical records indicate the 70th Military Police Company was
constituted on 12 February 1944 and activated on 25 February 1944 in the
ETO.  It was inactivated on 25 November 1945 at Camp Claiborne, Louisiana.
The only reference to a 20th Military Police Company is July 1941 in the
Panama Canal Zone.  DA Pamphlet (DA PAM) 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in World War II.  It shows the 70th MP Company as participating in
the ETO, but does not list the 20th MP Company.

8.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department
of the Army criteria, policy and instructions concerning individual
military awards, the GCMDL, service medals and service ribbons, combat and
special skill badges and tabs, unit decorations, and trophies and similar
devices awarded in recognition of accomplishments.  It states:

      a.  The American Campaign Medal is awarded for qualifying service in
the American Theater between 7 December 1941 and 2 March 1946.  Qualifying
service includes permanent assignment outside the Continental United
States, but within the American Theater of Operations between December 7,
1941 and March 2, 1946 under the following circumstances, duty as a
crewmember aboard a vessel sailing ocean waters for 30 consecutive or
60 nonconsecutive days, or duty outside the continental United States as a
passenger or in a temporary duty status for 30 consecutive or
60 nonconsecutive days, or active combat against the enemy and was awarded
a combat decoration or furnished a certificate by a corps commander or
higher; or, an aggregate service of one year within the Continental United
States during the same period.

      b.  The World War II Victory Medal (WWII Victory Medal) is awarded
for service between 7 December 1941 and 31 December 1946, both dates
inclusive.

      c.  War Department Circular 269-1943 established the CIB and the
Expert Infantryman Badge (EIB) to recognize and provide an incentive to
infantrymen.  The EIB was to be awarded for attainment of certain
proficiency standards or by satisfactory performance of duty in action
against the enemy.  The CIB was awarded for exemplary conduct in action
against the enemy.  War Department Circular 186-1944 further provided that
the CIB was to be awarded only to infantrymen serving with infantry units
of brigade, regimental or smaller size.  Additionally, World War II holders
of the CIB 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 Awards Branch, Total Army Personnel Command, (USAHRC) has advised in
similar cases that, during World War II, the CIB was normally awarded only
to enlisted individuals who served in the following positions/MOS's: Light
machine gunner (604), Heavy machine gunner (605), Platoon sergeant (651),
Squad leader (653), Rifleman (745), Automatic rifleman (746), Heavy weapons
NCO (812), Gun crewman (864).

      d.  A bronze service star, based on qualifying service, is awarded
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.  A single silver service star denotes five campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's date of birth on his WD AGO Form 53-55 is clearly in
error.  The applicant has presented a birth certificate showing that he was
born on 22 February 1917, not 2 February 1917 as stated on his WD-AGO Form
53-55.

2.  Item 6 (Organization) on the applicant's WD AGO Form 53-55 shows his
unit as the 20th MP Company.  The only historical reference found for the
20th MP Company shows it stationed in the Panama Canal Zone in July 1941.
It is not listed in DA PAM 672-1 as receiving any World War II campaign
participation credit.

3.  Item 33 (Decorations and Citations) on the applicant's WD AGO Form 53-
55 shows he was assigned to the 70th MP Company when he received the GCMDL
in February 1945.  It would appear that the 70th MP Company was the unit
the applicant served with during his assignment in the ETO.

4.  The record shows that the applicant's WD AGO Form 53-55 does not list
all of the awards to which he is entitled.  He should have received the
American Campaign Medal for his more than 1 year of service in the American
Theater.  He should also have received the WWII Victory Medal and a silver
service star, representing the five campaigns in which he participated, to
be worn on his EAME Service Medal.

5.  Although the applicant contends he is entitled to award of the CIB,
there is no evidence in the existing record to show that the applicant ever
held an infantry MOS, served in an infantry unit, or drew combat infantry
pay.  His entitlement to the CIB cannot be verified.

6.  Records show the applicant should have discovered the error or
injustice now under consideration on 27 July 1945, the date of his
separation from active duty. The ABCMR was not established until 2 January
1947.  Therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 1 January 1950.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__reb___  __lf____  __lmd___  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 by correcting his WD AGO
Form 53-55 to show his date of birth as 22 February 1917, his organization
as "70 MP CO," and that he was awarded the American Campaign Medal, the
WWII Victory Medal, and a silver service star for wear on his EAME Service
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 CIB.



                                  Ronald E. Blakely
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010536                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050927                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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