RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           20 April 2004
      DOCKET NUMBER:   AR2004104834

      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. Thomas D. Howard              |     |Chairperson          |
|     |Ms. Jennifer L. Prater            |     |Member               |
|     |Mr. Lawrence Foster               |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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 the number and title entered in

Item 30 (Military Occupational Specialty and No) of his separation document

(WD AGO Form 53-55) be changed to Rifleman (745) vice Mechanic (014), as is
currently listed.

2.  The applicant states, in effect, that the military occupational
specialty (MOS) listed on his WD AGO Form 53-55 is incorrect and that he in
fact held the MOS 745 (Riflemen).

3.  The applicant provides a copy of his WD AGO Form 53-55 in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error or injustice which
occurred on 20 May 1946.  The application submitted in this case is dated
21 February 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.

4.  The applicant’s WD AGO Form 53-55 shows that he was inducted into the
Army of the United States and entered active duty on 8 June 1943.  He
continuously served on active duty until being honorably separated on 20
May 1946.  It further shows that he held the rank of private first class
(PFC) and that he was serving in the Infantry branch as of the date of his
separation; however, Item 30 contains the entry “Mechanic (014)”.


5.  The applicant’s separation document also shows that he served in the
European Theater of Operations (ETO) from 16 December 1943 through 12 May
1945, and that he was assigned to D Company, 274th Infantry Regiment.  It
also shows that he participated in the Rhineland campaign and that he was
awarded the Combat Infantryman Badge (CIB) and the Purple Heart (PH), as a
result of being wounded in action on 23 February 1945, while serving in
France.

6.  The applicant’s WD AGO Form 53-55 further shows that he arrived back in
the United States on 12 May 1945 and that he was ultimately discharged , by
reason of Certificate of Disability Discharge.  Item 33 (Decorations and
Citations) shows that in addition to the CIB and PH, the applicant earned
the following awards during his active duty tenure:  American Theater
Ribbon;
European-African-Middle Eastern Campaign Medal with 1 bronze service star;
Good Conduct Medal; and World War II Victory Medal.

5.  On 22 August 2002, Permanent Orders Number 234-08, issued by the Review
Board Agency Support Division, St. Louis, Missouri, awarded the applicant
the Bronze Star Medal, for meritorious achievement for the period
16 January 1944 through 12 May 1945, based on his having earned the CIB
during World War II.

6.  War Department Circular 269-1943 established the CIB to recognize and
provide an incentive to infantrymen.  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.  Additionally,
World War II holders of the CIB received a monthly pay supplement known as
combat infantry pay. The Awards Branch, Human Resources Command has advised
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)

7.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards
policy.  Paragraph 5-12 contains the guidance for award of the European-
African-Middle Eastern Campaign Medal  It states, in pertinent part, that a
bronze service star is authorized with this award for each campaign a
member is credited with while serving in the ETO.
8.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation
Credit Register-World War II) establishes the eligibility of individual
members for campaign participation credit, assault landing credit, and unit
citation badges awarded during World War II.  It confirms that during his
tenure of assignment, the applicant’s unit (274th Infantry Regiment) was
awarded the Distinguished Unit Citation and was credited with participating
in the Ardennes-Alsace, Central Europe, and Rhineland campaigns of World
War II.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim that the MOS Mechanic (014) is incorrect and that
he served as a Rifleman during his World War II service appears to have
merit.  Although, the MOS title and number listed on the applicant’s
separation document indicate he was a Mechanic, the rest of the available
evidence all supports the applicant’s contention that he served as a
Rifleman during his World War II service.

2.  The evidence confirms that the applicant was a member of the infantry
branch and that he was assigned to an infantry regiment while serving in
the ETO, which supports his assertion that he served as a Rifleman.
Further, the applicant was awarded the CIB, which based on the policy in
effect at the time was authorized only for members serving in an infantry
MOS.  Members serving in MOS 745 (Rifleman) were in fact eligible to
receive the CIB, while members serving in MOS 014 (Mechanic) were not.
Finally, he was awarded the BSM based on his having earned the CIB for his
World War II combat service.  Thus, based on the preponderance of the
evidence, it would be appropriate to grant the relief requested by the
applicant.

3.  During the review of this case, it was also established that based on
his campaign service and campaign participation in the ETO, the applicant
is entitled to the Distinguished Unit Citation and to 3 bronze service
stars with his European-African-Middle Eastern Campaign Medal.  Thus, it
would also be appropriate to add these awards to his record at this time.
BOARD VOTE:

__TDH__  _LF___  __JLP______GRANT 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 amending Item 30 (Military
Occupational Specialty and No.) of his 20 May 1946 separation document to
read “Rifleman (745), in lieu of the current entry that reads Mechanic
(014); by showing he is entitled to the Distinguished Unit Citation and 3
bronze service stars for his European-African-Middle Eastern Campaign
Medal; and by providing him a corrected separation document that reflects
these changes.




                  Thomas D. Howard
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004104834                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/03/20                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1946/05/20                              |
|DISCHARGE AUTHORITY     |AR 615-361                              |
|DISCHARGE REASON        |Certificate of Disability               |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |