RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           30 September 2004
      DOCKET NUMBER:  AR2004104893


      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. Lester Echols                 |     |Member               |
|     |Mr. Melvin H. Meyer               |     |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 Item 6 (Organization) and Item
33 (Decorations and Citations) of his separation document (WD AGO Form 53-
55) be corrected by showing his organization of assignment as Company A,
232nd Infantry Regiment, and by adding the Combat Infantryman Badge (CIB)
to the list of authorized awards.

2.  The applicant states, in effect, that his last organization was Company
A, 232nd Infantry Regiment, 40th Infantry Division and the CIB he earned is
not properly included in the list of authorized awards on his separation
document.

3.  The applicant provides his WD AGO Form 53-55 and a Service Record
(AGO Form 24) extract in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 5 January 1946.  The application submitted in this case is
dated
13 January 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 record shows he was inducted into the Army and
entered active duty on 20 January 1943.  He was assigned to the European
Theater of Operations (ETO), where he arrived for duty on 21 December 1943.
 His AGO Form 24 shows that he was assigned to Company A, 232nd Infantry
Regiment on 12 April 1945.  He departed the ETO to return to the United
States on 17 December 1945.
4.  The applicant’s WD AGO Form 53-55 lists the applicant’s organization as
Company E, 104th Infantry Regiment.  Item 32 (Battles and Campaigns)
credits him with participating in the Central Europe and Northern France
campaigns. Item 33 shows he earned the American Service Medal, European-
African-Middle Eastern Campaign Medal, Army Good Conduct Medal, World War
II Victory Medal and Croix de Guerre with Palm and Fourragere during his
active duty tenure.

5.  The applicant’s record contains a copy of Special Orders Number 40,
dated
9 May 1945, published by Headquarters, 232nd Infantry Regiment, which
awarded him the CIB, effective 16 April 1945.

6.  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 Bronze Star Medal
(BSM).  It states, in pertinent part, that it is awarded for heroic or
meritorious achievement or service.

7.  Paragraph 3-13d (2) of the awards regulation states, in effect, that
the BSM is authorized to members 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.

8.  Paragraph 5-10 of the awards regulation contains guidance on award of
the Army of Occupation Medal.  It states, in pertinent part, that Army of
Occupation Medal Clasp. Soldiers who served in the European Theater during
the occupation of Europe will wear the clasp inscribed "Germany."

9.  Paragraph 5-11 of the same regulation contains the policy for awarding
the World War II Victory Medal.  It states, in pertinent part, that it is
authorized for award for service between 7 December 1941 and 31 December
1946.

10.  Paragraph 5-12 of the awards regulation contains guidance on the
European-African-Middle Eastern Campaign Medal and it states, in pertinent
part, that a bronze service star is authorized for each campaign a member
participated in while serving in the ETO.
11.  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.  This source confirms that
during his tenure of assignment, the applicant’s unit (232nd Infantry
Regiment) received occupation credit for Germany for the period 2 through
19 May 1945 and for Austria for the period 5 July through 30 October 1945.


12.  Technical Manual 12-235, which prescribed the policy and procedure for
the preparation and distribution of separation documents during the period
in question, states that the last unit, or similar element to which the
individual was assigned, rather than the element of which he was part while
moving to a separation activity will be entered in item 6 (Organization) of
the WD AGO Form 53-55.  It also notes that assignments to units for the
purpose of transfer from a theater to the United States is considered part
of the movement to a separation activity.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was serving with the
232nd Infantry Regiment upon his departure from the ETO.  The unit listed
in his separation document was likely a transitional unit that he was
assigned to for movement to a separation activity.  Therefore, it would be
appropriate to correct his separation document to reflect his proper unit.

2.  The record also includes a copy of special orders that awarded the
applicant the CIB, effective 16 April 1945.  As a result of his receiving
the CIB, the applicant is also entitled to the BSM.

3.  Further, the evidence of record confirms that based on his service and
campaign participation in the ETO, the applicant is entitled to the Army of
Occupation Medal with Germany Clasp and to 2 bronze service stars with his
European-African-Middle Eastern Campaign Medal.  Therefore, it would also
be appropriate to add these awards to his record and a separation document
at this time.
BOARD VOTE:

_JNS ___  __LE____  __MHM__  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 him the Bronze Star Medal, for exemplary conduct in
ground combat against an armed enemy between 16 April and 2 September 1945;



      b.  amending Item 6 (Organziation) of his WD AGO Form 53-55 by
deleting the current entry and replacing it with the entry “Company A,
232nd Infantry Regiment”;


      c.  amending Item 33 (Awards and Citations) of his WD AGO Form 53-55
by adding the Combat Infantryman Badge, Bronze Star Medal and Army of
Occupation Medal with Germany Clasp to the list of authorized awards;


      d.  amending Item 33 (Awards and Citations) of his WD AGO Form 53-55
by deleting the current portion of the entry pertaining to the European-
African-Middle Eastern Campaign Medal and replacing it with the entry
“European-African-Middle Eastern Campaign Medal with 2 bronze service
stars; and

      d.  providing him a corrected separation document that reflects these
changes.




            ____JOHN N. SLONE______
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004104893                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/09/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1946/01/05                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Demobilization                          |
|BOARD DECISION          |GRANT PLUS)                             |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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