RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 September 2005
      DOCKET NUMBER:  AR20040010916


      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. Prevolia Harper               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Board Member         |
|     |Mr. Richard T. Dunbar             |     |Board 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 records to show award of the
Silver Star Medal and the Combat Infantryman Badge (CIB).

2.  The applicant states that he was awarded the Silver Star Medal for a
battle near Notre Dame de Cenilly, France.

3.  The applicant provides a copy of two newspaper articles in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on
18 June 1945.  The application submitted in this case is dated 30 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.  This case is
being considered using reconstructed records, which primarily consist of
the applicant’s separation document and records from alternate sources.

4.  The applicant's WD AGO Form 53-55 shows he enlisted in the Army and
entered active duty on 27 July 1940.  He continuously served on active duty
until being honorably separated in the rank of staff sergeant on 18 June
1945.

5.  The applicant’s WD AGO Form 53-55 also shows that he served with
Battery B, 78th Armored Field Artillery Battalion, 2nd Armored Division in
the European Theater of Operations (ETO), from 9 November 1942 through 22
May 1945.  Item 32 (Battles and Campaigns) of this document indicates the
applicant participated in the Algerian-French-Morocco, Sicilian, Normandy,
Northern France, Rhineland, and Central Europe campaigns in World War II.

6.  Item 33 (Decorations and Awards) of the applicant’s WD AGO Form 53-55
also shows the applicant earned the European-African-Middle Eastern Theater
Ribbon with six battle stars, the Bronze Star Medal, the American Defense
Service Ribbon, the Good Conduct Medal, and the Distinguished Unit
Citation.

7.  Item 30 (Military Occupational Specialty) shows the applicant served as
a Radio Sergeant.  Item 31 (Military Qualification and Date, Infantry,
Aviation, and Marksmanship Badges) contains the entry “Pistol.”  The Combat
Infantryman Badge is not shown.

8.  A search of historical unit records for the Company B, 78th Armored
Field Artillery Battalion, 2nd Armored Division was conducted at the
National Archives in Suitland, Maryland.  The search revealed General
Orders Number 42, Headquarters, 2nd Armored Division, dated 18 September
1944.  These orders show the applicant was awarded the Silver Star Medal
for gallantry in action on 29 July 1944 in France.

9.  Army Regulation 600-8-22 contains the Army’s awards policy.  Army
Regulation 600-8-22 provides, in pertinent part, that the Silver Star is
awarded for gallantry in action against the enemy.  The required gallantry
(spirited and conspicuous acts of heroism and courage) must have been
performed with marked distinction.  As with all personal decorations,
formal recommendations, approval through the chain of command, and
announcement in orders are required.

10.  Paragraph 5-10 of the awards regulation contains guidance on award of
the Army Occupation Medal.  It states, in pertinent part, that it is
awarded for the occupation of Germany for the period between 9 May 1945 and
5 May 1955.
It further indicates that service between 9 May and 8 November 1945 will be
counted only if the European-African- Middle Eastern Campaign Medal was
awarded for service before 9 May 1945.

11.  Paragraph 5-11 of the awards regulation contains guidance on the World
War II Victory Medal.  It states, in pertinent part, that it was awarded
for service between 7 December 1941 and 31 December 1946, both dates
inclusive.

12.  Paragraph 5-12 contains guidance on the European-African-Middle
Eastern Campaign Medal, and it states, in pertinent part, that it is
awarded for service within the ETO between 7 December 1941 and 8 November
1945, and that a bronze service star is authorized with this award for each
campaign a member participated in while serving in the ETO, and a bronze
arrowhead is authorized for participation in an assault landing.



13.  Paragraph 8-6 of the awards regulation contains the criteria for
awarding the Combat Infantryman Badge (CIB). It states, in pertinent part,
that there are basically three requirements for award of the CIB; the
soldier must hold an infantry MOS and be satisfactorily performing infantry
duties; must be assigned to an infantry unit of brigade or smaller size
during such time as the unit is engaged in active ground combat; and must
actively participate in such ground combat.

14.  War Department Circular 186-1944 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 EIB 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, Human Resources
Command, 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:  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).

15.  Paragraph 9-22 of the awards regulation contains guidance on award of
the Belgian Fourragere and it states that it was awarded by the Belgian
government to units who were cited twice in the Order of the Day of the
Belgian Army.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Silver Star
and the Combat Infantryman Badge.

2.  General Orders Number 42, Headquarters, 2nd Armored Division, dated
18 September 1944 show the applicant was awarded the Silver Star Medal for
gallantry in action on 29 July 1944 in France.  Therefore, his records
should be corrected to reflect this award.

3.  The applicant contends that he is entitled to the CIB, however, his WD
AGO Form 53-55 shows his branch as Field Artillery.  Therefore, he is not
entitled to correction of his records to show award of the CIB.



4.  Based on the period the applicant served with his unit in the ETO, he
received campaign participation credit for six campaigns and assault
landing credit for Normandy.  Therefore, he is entitled to a silver service
star and one bronze service star and a bronze arrowhead with his European-
African-Middle Eastern Service Medal.

5.  In addition, the evidence shows that his tenure of assignment, the
applicant’s unit received occupation of Germany credit, which entitles him
to the Army of Occupation Medal with Germany Clasp.  Further, the
applicant’s unit was awarded the French Croix de Guerre and the Belgian
Fourragere.  Therefore, it would be appropriate to correct the applicant’s
records to show these awards.

6.  The applicant served a period of qualifying service for award of the
World War II Victory Medal; therefore, his records should be corrected to
show this award.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 June 1945.  However, 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.  Although the applicant did not file within the
ABCMR's statute of limitations, the evidence in this case warrants a waiver
of his failure to timely file.

BOARD VOTE:

__  SK       __ BJE_ _  __RTD__   GRANT FULL RELIEF

________  ________  ________  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 amending his WD AGO 53-
55 as follows:

      a.  Item 33 (Decorations and Awards ) adding the award of the Silver
Star Medal for gallantry in action on 29 July 1944;

      b.  deleting the European-African-Middle Eastern Campaign Medal with
six bronze service stars and adding the European-African-Middle Eastern
Campaign Medal with a silver service star and one bronze service star and
one bronze arrowhead;

      c.  adding the Army of Occupation Medal with Germany Clasp, the French
Croix de Guerre Unit Citation—No Emblem Authorized" and the Belgian
Fourragere.


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.








                                  _____Stanley Kelley _____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010916                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050901                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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