RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          10 November 2005
      DOCKET NUMBER:  AR20050002290


      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. Richard P. Nelson             |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 two separate DD Forms 149, award of the Army
of Occupation Medal for service in Italy between 9 May 1945 and 15
September 1947, and award of the Presidential Unit Citation.

2.  The applicant states that he was assigned the 133d Infantry Regiment,
34th Infantry Division during World War II.  In October of 1945, the 34th
Division returned to the United States.  Those Soldiers who did not have
sufficient points to return with the division were transferred to the 349th
Infantry Regiment, 88th Division, and remained in Italy.  He states that he
spent his last two months in the areas of “Venezia Giulia, Udine province,
Gorzia,” and feels he is entitled to the Army of Occupation Medal.  In
addition, the applicant states that he was assigned to the 133d Infantry
Regiment during the period the unit was cited for award of the Presidential
Unit Citation.

3.  The applicant provides copies of: his WD AGO Form 53-55 (Enlisted
Record and Report of Separation-Honorable Discharge); his Separation
Qualification Record; an excerpt from an unknown source, describing the
requirements for award of the Army of Occupation Medal for World War II; a
Unit Citation; a “V-Mail” sent to his family; and, an undated newspaper
article.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 10 January 1946.  The application submitted in this case is
dated 2 February 2005.

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 available records show the applicant was inducted on 24 August
1943, completed training as a rifleman, and arrived in the European-African-
Middle Eastern Theater of Operations on 19 March 1944.  He returned to the
United States and was honorably separated from the service on 10 January
1946.  His WD AGO Form 53-55 shows he is entitled to the following awards:
the Combat Infantryman Badge; the Good Conduct Medal; the European-African-
Middle Eastern Campaign Medal; the World War II Victory Medal; and, the
Honorable Service Lapel Button (WWII).  The applicant’s WD AGO 53-55 also
shows he participated in three campaigns as follows: Rome-Arno; Northern
Apennines; and, Po Valley.

5.  Army Regulation 600-8-22 (Military Awards) 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 Italy,
service must have been between 9 May 1945 and 15 September 1947.  Service
between 9 May and 8 November 1945 will be counted only if the European-
African-Middle Eastern Campaign Medal was awarded prior to 9 May 1945.  The
regulation also requires that qualifying service for this award must have
been in the compartment of Venezia Giulia E. Zara, Province of Udine,
Italy, or with a unit listed in General Orders Number 4, dated 1947.
Neither the 133d Infantry nor the 349th Infantry are listed on General
Orders Number 4.

6.  Army Regulation 600-8-22 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.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the
Presidential Unit Citation (known as the Distinguished Unit Citation until
3 November 1966) is awarded for extraordinary heroism in action.  A unit
must display such gallantry, determination and esprit de corps in
accomplishing its mission as would warrant award of the Distinguished
Service Cross to an individual.  Department of the Army Pamphlet 672-1
(Unit Citation and Campaign Participation Credit Register) indicates that
the 1st Battalion, 133d Infantry Regiment was cited for award of the
Distinguished Unit Citation for actions in Italy on 3 and 4 October by War
Department General Orders Number 113, dated 1944.

8.  A review of the unit history of the 1st Battalion, 133d Infantry
Regiment indicates that Company C is one of six subordinate units that make
up the battalion.

9.  Army Regulation 600-8-22 authorizes a bronze service star, based on
qualifying service, for each campaign listed in Appendix B of this
regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form
53-55.  The regulation states that authorized bronze service stars will be
worn on the appropriate campaign or service medal, including the European-
African-Middle Eastern Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record that shows the applicant was in the
compartment of Venezia Giulia E. Zara, Province of Udine, Italy between 9
May 1945 and 15 September 1947.  The applicant’s unit is not listed in
General Orders Number 4, dated 1947.  Therefore, he is not entitled to the
Army of Occupation Medal or correction of his records to show this service
medal.

2.  Evidence of record shows the applicant was awarded the Combat
Infantryman Badge in World War II.  Therefore, he is entitled to award of
the Bronze Star Medal, based on award of this combat badge, and correction
of his records to show this decoration.

3.  The “V-Mail” sent by the applicant to his family is dated 11 October
1944 and indicates he was assigned to Company C, 133d Infantry.  A review
of the text of the “V-Mail” also indicates that he had been assigned to the
unit for some time, attesting to the fact that he was assigned to the unit
when it was cited for award of the Distinguished Unit Citation.  Therefore,
he is entitled to the Presidential Unit Citation and correction of his
records to show this unit award.

4.  Evidence of record shows the applicant received the European-African-
Middle Eastern Campaign Medal and participated in three campaigns.  As a
result, he is entitled to award of three bronze service stars, to be
affixed to the European-African-Middle Eastern Campaign Medal, and
correction of his records to show these appurtenances.


BOARD VOTE:

________  ________  ________  GRANT RELIEF

___mkp__  ____lds_  ____mjf__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 showing award of:

      a. the Bronze Star Medal;


      b. the Presidential Unit Citation; and,


      c. three bronze service stars, to be affixed to the European-African-
Middle Eastern Campaign Medal.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
the Army of Occupation Medal.




            _________Margaret K. Patterson_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050002290                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051110                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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