RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          28 September 2004
      DOCKET NUMBER:  AR2004100076


      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. Luis Almodova                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Ms. Karen Y. Fletcher             |     |Member               |
|     |Mr. Ronald E. Blakely             |     |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, that he be awarded the Combat
Infantryman Badge (CIB) and that the Anzio campaign be added to Item 32
(Battles and Campaigns), of his WD AGO Form 53-55, Enlisted Record and
Report of Separation – Honorable Discharge.

2.  The applicant states, in effect, that the Anzio campaign is not shown
in Item 32 of his separation document and it does not show the CIB that he
earned.

3.  The applicant provides a copy of WD AGO Form 53-55, Enlisted Record
and Report of Separation – Honorable Discharge, in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error, which occurred on
22 October 1945.  The application submitted in this case is dated 23
October 2003.

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 service personnel records are not available.  A fire
destroyed 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.  Information herein was obtained from
alternate sources.

4.  The available records show that the applicant enlisted in the Army
National Guard on 20 October 1939, and entered into active service in the
Army, on 16 January 1941.  While in service, the applicant held the
military occupational specialty (MOS) 605 (Machine Gunner Heavy).

5.  He was assigned to the European Theater of Operations (ETO) and
departed the United States en route to the ETO on 24 January 1944.  The
applicant returned to the United States on 9 October 1945.

6.  On 22 October 1945, the applicant was honorably discharged in the rank
of Private First Class, after having served 1 year, 8 months, and 16 days
foreign service, and 3 years and 21 days Continental service.

7.  Item 6 (Organization) shows that the applicant was assigned to the 3rd
Reconnaissance Troop, 70th Cavalry Troop [the correct designation being:
70th Reconnaissance Troop, Mechanized, 70th Infantry Division].

8.  A War Department Form 372, Final Payment – Work Sheet, on file in the
applicant's reconstructed records shows that the applicant did not receive
Combat Infantry Pay in the month of October 1945.

9.  Item 31 (Military Qualification and Date), of the applicant's WD AGO
Form
53-55, has the entry, "Unknown."  The Combat Infantryman Badge is not
shown.

10.  Item 32 (Battles and Campaigns), of the applicant's WD AGO Form 53-55,
shows he participated in the Rome Arno, Southern France, Rhineland, and
Central Europe campaigns of World War II.  The Anzio campaign is not shown.

11.  Item 33 (Decorations and Citations), of the applicant's WD AGO Form 53-
55, shows he was awarded: the Good Conduct Medal; the European-African-
Middle Eastern Campaign Medal, with bronze arrowhead device; the American
Defense Service Medal; the French Croix de Guerre; and the Distinguished
Unit Badge [now known as the Presidential Unit Citation].

12.  Item 55 (Remarks), shows the applicant was issued the Lapel Button
[correctly known as the Honorable Service/Discharge Emblem].

13.  Because the campaigns and unit awards shown on the applicant's WD AGO
Form 53-55 did not correspond with the unit awards made to, and campaign
credit awarded, the applicant's unit, the applicant was called to determine
what unit he was assigned to while in the ETO.  The applicant stated that
he was assigned to Company A, 30th Infantry Regiment, 3rd Infantry
Division.

14.  A search of morning reports on file at the National Archives and
Records Administration for Company A, 30th Infantry Regiment, shows that
the applicant joined the unit from the 2nd Replacement Depot on 27 February
1944.  The Anzio Campaign extended from 22 January through 24 May 1944.

15.  Army Regulation (AR) 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.
16.  AR 600-8-22 provides, in pertinent part, for award of the American
Campaign Medal.  This 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, 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 service within the continental United States for an
aggregate period of one year.

17.  The applicant's DD Form 214 shows the applicant received the European-
African-Middle Eastern Campaign Medal; however, it does not show the bronze
service stars to which the applicant is entitled for campaign
participation.

18.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the European-African-Middle
Eastern Campaign Medal.  The regulation further provides that one silver
service star will be worn in lieu of five bronze service stars.

19.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign
Participation Credit Register, shows that the 70th Reconnaissance Troop,
Mechanized, 70th Infantry Division, the unit to which the applicant was
assigned on his separation date, was awarded credit for the occupation of
Germany, during the period 2 May through 19 September 1945.

20.  War Department Circular 269-1943 established the Combat Infantryman
Badge (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 (emphasis added).
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, Total Army Personnel Command [now the 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, MOS 604; Heavy Machine Gunner,
MOS 605; Platoon Sergeant, MOS 651; Squad Leader, MOS 653; Rifleman, MOS
745; Automatic Rifleman, MOS 746; Heavy Weapons Noncommissioned Officer,
812; and Gun Crewman, MOS 864.

21.  AR 600-8-22 also 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.

DISCUSSION AND CONCLUSIONS:

1.  The Combat Infantryman Badge was awarded to recognize and provide an
incentive to infantrymen; it was awarded to infantrymen for exemplary
conduct in action against the enemy; and was awarded only to infantrymen
serving with infantry units of brigade, regimental or smaller size.

2.  The applicant held the MOS 605, Heavy Machine Gunner, and was assigned
to Company A, 30th Infantry Regiment, 3rd Infantry Division, on 27 February
1944.  The applicant was later reassigned to the 70th Reconnaissance Troop,
Mechanized, 70th Infantry Division, for transport back to the United States
to be discharged.

3.  Notwithstanding the fact that the Final Payment – Work Sheet, on file
in the applicant's reconstructed records shows that the applicant did not
receive Combat Infantry Pay for the month of October 1945, the applicant
met the criteria for award of the Combat Infantryman Badge.  He held an
infantry MOS, he was assigned to an infantry unit, and that unit was
engaged in extensive ground combat during World War II while the applicant
was a member of the unit.  He is therefore entitled to award of the Combat
Infantryman Badge and to have it added to his WD AGO Form 53-55.

4.  The applicant is entitled to award of the Bronze Star Medal based on
award of the Combat Infantryman Badge for his service during World War II.
It would be appropriate, and in the interest of justice, to award him the
Bronze Star Medal and to add it to his WD AGO Form 53-55 at this time.

5.  The applicant was assigned to the 30th Infantry Regiment on 27 February
1944.  This unit was given credit for the Anzio Campaign.  The applicant is
entitled to credit for his participation in this campaign and to have it
added to his separation document.

6.  The applicant participated in five campaigns, with addition of the
above campaign, during World War II.  He is therefore eligible for award of
one silver service star to be affixed to his European-African-Middle
Eastern Campaign Medal and to have this appurtenance shown on the ribbon
along with the already-awarded bronze arrowhead device and to have it added
to his separation document.

7.  The applicant served with the 70th Reconnaissance Troop (Mechanized),
70th Infantry Division, at the time it was awarded credit for the
occupation of Germany.  He is therefore entitled to award of the Army of
Occupation Medal, with Germany Clasp, and to have it shown on his WD AGO 53-
55.

8.  The applicant served on active duty during the qualifying period
established for award of the World War II Victory Medal.  He is therefore
entitled to this award and to have it shown on his separation document.

9.  The applicant served on active duty during the qualifying period
established for award of the American Campaign Medal.  The applicant's WD
AGO Form
53-55 shows that he had sufficient service within the Continental United
States to qualify for this award.  He is therefore entitled to the American
Campaign Medal and to have it shown on his WD AGO Form 53-55.

BOARD VOTE:

__fe____  __kyf___  __reb___  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.  awarding the applicant the Combat Infantryman Badge; the Bronze
Star Medal based on award of the Combat Infantryman Badge; one silver
service star to be affixed to his already-awarded European-African-Middle
Eastern Campaign Medal, and with bronze arrowhead device, to denote his
campaign participation and assault landing credit; the Army of Occupation
Medal, with Germany Clasp; the American Campaign Medal; and the World War
II Victory Medal; and


      b.  adding the Anzio Campaign to Item 32 of the applicant's WD AGO
Form 53-55.




                 Fred Eichorn
            ______________________
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004100076                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040928                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  157                 |107.0111                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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