RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          24 August 2004
      DOCKET NUMBER:  AR2004100679


      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:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Mr. Melvin Meyer                  |     |Member               |
|     |Mr. Patrick McGann                |     |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 his WD AGO Form 53-98 (Military
Record and Report of Separation) be corrected to show two awards of the
Purple Heart (correctly known as the Purple Heart with First Oak Leaf
Cluster), the Combat Infantryman Badge, and the Bronze Star Medal (based on
award of the Combat Infantryman Badge).

2.  The applicant states, in effect, that prior to his assignment with the
803rd Tank Destroyer Battalion, he fought for seven days (6 June 1944 to 13
June 1944) as an infantryman with the 116th Infantry Regiment of the 29th
Infantry Division.  Subsequently, he assumed command of the 803rd Tank
Destroyer Battalion and was wounded by shrapnel in his right hand and
received the Purple Heart.  He goes on to state that in July 1944 he
suffered a severe concussion and back injury from an artillery shell
explosion.

3.  The applicant provides two excerpts from an unidentified reference.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
17 November 1945.  The application submitted in this case is dated
28 September 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 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 27 June 1941.  He was honorably
discharged in the rank of sergeant on 17 March 1943 to accept appointment
as a second lieutenant.  On 18 March 1943, the applicant was commissioned a
second lieutenant and entered active duty.  His WD AGO Form 53-98 shows his
military occupational specialty (MOS) as 1222 (tank destroyer unit
commander).  He served in the European Theater of Operations from 21 April
1944 through
13 September 1945.  On 17 November 1945, the applicant was released from
active duty in the rank of first lieutenant.

5.  The applicant's WD AGO Form 53-98 shows he was assigned to the 803rd
Tank Destroyer Battalion.  His WD AGO Form 53-98 shows the European-African-
Middle Eastern Campaign Medal with five bronze service stars as authorized
awards.  Item 30 (Wounds Received in Action) on his WD AGO Form 53-98 shows
the entry, “None.”

6.  There is no evidence in the available records that shows the applicant
was awarded the Purple Heart or was wounded as a result of hostile action
during World War II.

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

8.  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 shows the applicant's unit received
occupation credit for Germany for the period 2 May to 29 September 1945.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded for a wound sustained as a result of
hostile action.  Substantiating evidence must be provided to verify that
the wound was the result of hostile action, the wound must have required
treatment, and the medical treatment must have been made a matter of
official record.  The bronze oak leaf cluster is awarded to denote the
second and succeeding awards of certain decorations, among which is the
Purple Heart.

10.  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.

11.  In developing the Combat Infantryman Badge, the War Department did not
dismiss or ignore the contributions of other branches.  Their vital
contributions to the overall war effort were noted, but it was decided that
other awards and decorations were sufficient to recognize their
contributions.  From the beginning, Army leadership have taken care to
retain the badge for the unique purpose for which it was established.  The
War Department received requests to award the Combat Infantryman Badge to
non-infantry individuals and units employed as infantry during tactical
emergencies.  All of those requests were disapproved based on the fact that
the regular infantryman lived, slept, ate, and fought as an infantryman on
a continuous and indefinite basis without regard to the tactical situation.


12.  Army Regulation 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.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of
Occupation Medal is awarded for service of thirty consecutive days at a
normal post of duty in a qualifying location.  Personnel at a qualifying
location as an inspector, courier, escort, temporary or detached duty are
precluded from eligibility.  For award of the Army of Occupation Medal with
Germany Clasp, qualifying service must have occurred between 9 May 1945 and
5 May 1955 and the European-African-Middle Eastern Campaign Medal must have
been awarded prior to 9 May 1945.

14.  Army Regulation 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.

15.  Army Regulation 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.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, 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.  This regulation
provides that a silver service star is authorized in lieu of five bronze
service stars.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record, and the applicant has provided no
evidence, which shows that he was wounded or treated for any wounds or
injuries sustained as a result of hostile action during World War II.
Therefore, there is insufficient evidence on which to base any award of the
Purple Heart in this case.

2.  The evidence of record shows the applicant did not meet the eligibility
criteria for award of the Combat Infantryman Badge during World War II.
Although he may have been on temporary duty with the 116th Infantry
Regiment of the
29th Infantry Division for seven days during World War II, he remained a
tank destroyer unit commander, not an infantryman.  The regulation, and the
intent of the War Department in establishing the Combat Infantryman Badge,
is clear - the Combat Infantryman Badge is meant for the full-time
infantryman.  There is no evidence of record, and the applicant has
provided no evidence, which shows that he was an infantryman serving with
an infantry unit of brigade, regimental or smaller size, or that he
received combat infantry pay during World War II.  Therefore, there is
insufficient evidence on which to base award of the Combat Infantryman
Badge.

3.  The applicant's unit received occupation credit for Germany which
entitles him to award of the Army of Occupation Medal with Germany Clasp.


4.  The applicant served a period of qualifying service for award of the
American Campaign Medal and the World War II Victory Medal.

5.  The applicant's WD AGO Form 53-98 shows the European-African-Middle
Eastern Campaign Medal with five bronze service stars.  However, the
governing regulation states that a silver service star is authorized in
lieu of five bronze service stars.  Therefore, it would appropriate to
correction his WD AGO Form 53-98 to show award of the European-African-
Middle Eastern Campaign Medal with one silver service star.

6.  Records show the applicant should have discovered the alleged errors
now under consideration on 17 November 1945; therefore, the time for the
applicant to file a request for correction of any error expired on 1
January 1950 (3 years after the Board was established on 2 January 1947).
However, 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.

7.  Evidence shows that the applicant’s records contain administrative
errors which do 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

MP_____  MM_____  PM______  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 administrative errors 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 Army of Occupation
Medal with Germany Clasp, the American Campaign Medal, the World War II
Victory Medal, and the European-African-Middle Eastern Campaign Medal with
one silver service star.




            _Margaret Patterson___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100679                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040824                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0014                                |
|3.                      |107.0000                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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