RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           29 July 2004
      DOCKET NUMBER:  AR2004100394


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Mr. Thomas E. O'Shaughnessy, Jr.  |     |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, award of the Combat Infantryman
Badge (CIB) and Bronze Star Medal (BSM).

2.  The applicant states, in effect, that after entering active duty, he
completed seventeen weeks of infantry training and was sent overseas.  He
claims that in June 1944, he along with many others landed on Omaha Beach.
The next day, he was assigned to Company M, 115th Infantry Regiment, 29th
Infantry Division and was assigned duties as an 81mm Mortar Ammunition
Bearer.  He further claims that he remained with this unit through four
campaigns before going to Germany.  He states that along the way, the unit
first sergeant informed all privates in the unit they were promoted to
private first class and were awarded the CIB, which entitled them to a ten
dollar a month increase in pay.  He states that shortly after arriving in
Germany, medical problems with his ears got so bad, he was sent to a
hospital in Paris.  He claims that after his ears cleared up, he was
assigned to a replacement pool, which resulted in his assignment to a newly
formed Graves Registration Unit, where he served until his discharge in
1945.  He indicates that he is unsure why this information is not included
in his separation document (WD AGO Form 53-55).

3.  The applicant provides the following documents in support of his
application:  Discharge Work Sheet-Enlisted (AGO Form 53-3); Separation
Qualification Record (WD AGO Form 100); Brook Hospital Center Certification
Card
(B.H.C. # 76); and Separation Document (WD AGO Form 53-55).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 14 December 1945.  The application submitted in this case
is dated 30 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 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 (NPRC) 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.  This case is
being considered using reconstructed records, which primarily consist of
the documents provided by the applicant and a Final Payment Work Sheet (War
Department Form 372 A) that remains on file at the NPRC.

4.  The applicant’s WD AGO Form 53-55 confirms that he was inducted into
the Army on 23 September 1943 and entered active duty on 15 October 1943.
It further shows that he served in the European Theater of Operations (ETO)
from 4 April 1944 through 8 October 1945.  Item 4 (Arm of Service) contains
an entry that indicates the applicant was a member of the Quartermaster
Corps (QMC) and Item 6 (Organization) shows that he was assigned to the
3060th Quartermaster Grave Registration Company at the time of his
discharge.

5.  Item 33 (Decorations and Citations) of the applicant’s WD AGO Form 53-
55 shows that he earned the following awards during his tenure on active
duty:  American Theater Campaign Medal; European-African-Middle Eastern
(EAME) Campaign Medal with 5 bronze service stars; Army Good Conduct Medal
(AGCM); World War II (WW II) Victory Medal; and 3 Overseas Bars.  The
applicant authenticated this document with his signature in Item 56
(Signature of Person Being Separated).

6.  The NPRC file on the applicant included a Final Payment-Work Sheet
prepared on him during his separation processing in December 1945.  This
document shows that his final net payment totaled $154.90.  His final pay
was based on credits for accrued base and longevity pay, furlough rations
pay, travel pay, and mustering-out pay.  The combat infantry payment block
of the credits portion of this document contained no entry, indicating that
he was not entitled to combat infantry pay.  The applicant authenticated
this document with his signature.

7.  The applicant provides an unsigned WD AGO Form 53-3 that indicates he
was authorized the CIB and a B.H.C # 76 Certification Card that indicates
he was entitled to purchase and wear the following medals, ribbons and
citations:  EAME with 5 bronze service stars, AGCM, CIB; WW II Victory
Medal; and 3 Overseas Bars.  This document, while containing a pre-printed
signature block of the personnel officer, is unsigned.

8.  The applicant also provides a copy of a Separation Qualification Record
that was prepared during his separation processing based on his input.  The
Military Occupational Assignments portion of this document contains entries
indicating that the applicant served in military occupational specialty
(MOS) 521 for four months while completing infantry basic training.  It
also shows that he served in MOS 1607 as a Heavy Mortar Crewman for 10
months and in MOS 405 as a Clerk-Typist for 12 months.  The summary of
military occupations portion of this document contains an entry outlining
what the applicant’s duties as a clerk-typist consisted of.  There are no
entries verifying the nature of any infantry service he may have performed.


9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 3-13 of the
awards regulation outlines the criteria for award of the BSM.  It states,
in pertinent part, that it is awarded to any person who, while serving in
any capacity in or with the Army of the United States after 6 December
1941, distinguished himself by heroic or meritorious achievement or
service, not involving participation in aerial flight, in connection with
military operations against an armed enemy; or while engaged in military
operations involving conflict with an opposing armed force in which the
United States is not a belligerent party.  Paragraph 3-13d (2) of the
awards regulation states, in effect, that the BSM is authorized to members
of the Armed Forces of the United States who, after 6 December 1941, were
cited in orders or awarded a certificate for exemplary conduct in ground
combat against an armed enemy between 7 December 1941 and 2 September 1945.
 This paragraph also stipulates that for this purpose, an award of the CIB
is considered as a citation in orders.

10.  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, Total Army Personnel
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).
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the CIB and a BSM based on the
CIB was carefully considered.  However, there is insufficient evidence to
support the requested relief.

2.  The available evidence does not include any confirmation that the
applicant was entitled to or was awarded the CIB.  A final payment work
sheet on file is void of an entry in the combat infantry pay block of the
form, which indicates that the applicant was not receiving pay based on
having been awarded the CIB at the time of his discharge.  The applicant
signed this document, thereby certifying that his final payment was correct
at the time.

3.  The evidence also includes the applicant’s WD AGO Form 53-55.  This
properly constituted separation document does not include the CIB in the
military qualifications block or in the list of awards earned by the
applicant while he was on active duty.  The applicant authenticated this
document with his signature, thereby verifying that the information
contained therein was correct at the time it was prepared and issued.

4.  Although the applicant provides an unsigned work sheet and
certification card that indicate he was authorized the CIB, absent any
corroborating entries in the properly constituted documents on file, these
supporting documents are not sufficient to support award of the CIB at this
late date.  Further, while the
WD AGO Form 100 provided by the applicant outlines his service as a Heavy
Mortar Crewman in MOS 1607, this MOS is not included in the list of
infantry MOSs that normally supported award of the CIB during WW II.  As a
result, there is an insufficient evidentiary basis to support the
applicant’s claim of entitlement to the CIB.

5.  Although the applicant did not specifically stipulate, it is presumed
that his claim of entitlement to the BSM was based on his having earned the
CIB during WW II.  As a result, absent evidence that would support awarding
him the CIB, there is no automatic corresponding entitlement to the BSM.

6.  The applicant should have discovered the alleged error or injustice now
under consideration on 14 December 1945, the date of his discharge.  Thus,
based
on the date the Board was established, 2 January 1947, the time for him to
file
a request for correction of any error or injustice expired on 1 January
1950.  He failed to 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 his failure to file.
BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JNS___  __RTD  _  __TEO__  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.




                 __John N. Slone__
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100394                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/07/29                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/12/14                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Demobilization                          |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  awds |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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