RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          2 August 2005
      DOCKET NUMBER:  AR20040010947


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Ms. Jeanette McCants              |     |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 item 6 (Organization) on his WD
AGO Form 53-55 (Enlisted Record and Report of Separation) to show the 505th
Parachute Infantry Regiment instead of the 909th Parachute Infantry; that
item 15 (Height) be corrected to show 5 foot, 11 inches instead of 5 foot,
9 inches; that item 16 (Weight) be corrected to show 159 pounds instead of
109 pounds; and that item 33 (Decorations and Citations) be corrected to
show award of the Combat Infantryman Badge and the Bronze Star Medal (based
on award of the Combat Infantryman Badge).

2.  The applicant states, in effect, that there was no 909th Parachute
Infantry Regiment, that at 83 years old he is still 5 foot, 10 1/2 inches
tall, and that he was not 109 pounds at the time in question.  He contends
that he joined the 2nd Battalion of the 505th Parachute Infantry Regiment
on the west side of the Elbe River on 27 April 1945 and that he paddled
across the river under heavy fire.  He also contends that he was aware of
the errors on his WD AGO Form 53-33 at the time in question; however, he
did not remain behind to correct them because he would have missed his
son’s birthday, a wedding anniversary, and there were serious financial
problems at home.

3.  The applicant provides a letter, dated 24 November 2004, from a Member
of Congress and a copy of his WD AGO Form 53-55.  The application indicates
that the applicant also provides a 1945 photograph of himself in uniform
which shows the Combat Infantryman Badge; however, this photograph is not
available.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
4 June 1946.  The application submitted in this case is dated 4 June 2003;
however, the application was received on 9 December 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.  However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

4.  The applicant was inducted on 18 April 1944.  His WD AGO Form 53-55
shows that his military occupational specialty was 7821 (supply
noncommissioned officer).  He served in the European Theater of Operations
from 18 April 1945 through 21 May 1946 and was honorably discharged on
4 June 1946.

5.  Item 6 on the applicant’s WD AGO Form 53-55 shows he was assigned to
the 909th Parachute Infantry.  Item 15 on his WD AGO Form 53-55 shows he
was 5 foot and 9 inches.  Item 16 on his WD AGO Form 53-55 shows he weighed
109 pounds.  Item 32 (Battles and Campaigns) on his WD AGO Form 53-55 shows
he participated in one campaign.  Item 33 on his WD AGO Form 53-55 shows
the Army of Occupation Medal with Germany Clasp, the European-African-
Middle Eastern Campaign Medal, the Good Conduct Medal, and the World War II
Victory Medal as authorized awards.

6.  There is no evidence in the available records which shows the applicant
was assigned to the 505th Parachute Infantry Regiment during World War II.

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register), dated 6 July 1961, shows, among other
information, unit awards and citations authorized for units which served
during World War II.  This document does not show the 909th Parachute
Infantry as an authorized unit during World War II.

8.  The available records do not contain the applicant's height and weight
measurements at the time in question.

9.  There are no orders for the Combat Infantryman Badge in the available
records.

10.  The applicant’s War Department Form 372A (Final Payment – Work Sheet)
shows he did not receive combat infantry pay.

11.  Department of the Army Technical Manual TM 12-235 (Discharge
Procedures and Preparation of Separation Forms) established the policies
and procedures for completion and distribution of the WD AGO Form 53-55
(Enlisted Record and Report of Separation) during World War II.  This
regulation states the last unit, or similar element, to which an individual
was assigned, rather than the element of which he was a part while moving
to a separation activity, will be entered in item 6 (Organization) of the
WD AGO Form 53-55.

12.  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.

13.  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.

14.  Army Regulation 600-8-22 authorizes a bronze service star, based on
qualifying service, for each campaign listed in Appendix B of this
regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form
53-55.

DISCUSSION AND CONCLUSIONS:

1.  Although the Department of the Army Pamphlet 672-1 does not show the
909th Parachute Infantry Regiment as an authorized unit during World War
II, there is no evidence of record which shows that the applicant was
assigned to the 505th Parachute Infantry Regiment during World War II.
Regrettably, there is insufficient evidence on which to amend item 6 on the
applicant's WD AGO Form 53-55.

2.  Since the applicant's height and weight measurements at the time in
question are not available, there is insufficient evidence on which to
amend items 15 and 16 on his WD AGO Form 53-55.

3.  There are no orders for the Combat Infantryman Badge and his pay
records show that he did not receive combat infantry pay.  Therefore, there
is insufficient evidence on which to base award of the Combat Infantryman
Badge or the Bronze Star Medal (based on award of the Combat Infantryman
Badge) in this case.

4.  The applicant participated in one campaign during World War II which
entitles him to award of the European-African-Middle Eastern Campaign Medal
with one bronze service star.

5.  Records show the applicant should have discovered the alleged errors
now under consideration on 4 June 1946; therefore, the time for the
applicant to file a request for correction of any error or injustice
expired on 1 January 1950
(3 years after the Board was established on 2 January 1947).  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.

6.  Evidence shows that the applicant’s records contain an administrative
error which does 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 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

WP_____  RD_____  JM_____  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.

3.  The Board determined that an administrative error in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show that he was awarded the European-African-
Middle Eastern Campaign Medal with one bronze service star.




            ___William Powers_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040010947                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050802                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |107.0111                                |
|3.                      |107.0014                                |
|4.                      |107.0000                                |
|5.                      |                                        |
|6.                      |                                        |


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