RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 November 2005
      DOCKET NUMBER:  AR20050002734


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. John E. Denning               |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 that his records be corrected to show award of
the Bronze Star Medal, the Purple Heart, and the Combat Infantryman Badge.

2.  The applicant states that as a 20 year-old kid he withheld information
because his mother had recently suffered a stroke and he did not want to
cause her concern.  Now at age 79 he would like to correct the record.

3.  The applicant provides a personal statement and a copy of a WD AGO 53-
55 (Enlisted Record and Report of Separation).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 21 August 1946, the date of his separation from active duty.
The application submitted in this case is dated 8 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 limitations 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.

4.  The 21 August 1946 WD AGO 53-55 indicates he entered active duty on
21 April 1944 and served in the European Theater of Operations from
26 November 1944 through 25 July 1946.  It lists his military occupational
specialty (MOS) as 824 (Mess Sergeant) and his awards as the Good Conduct
Medal, the European-African-Middle Eastern Campaign Medal, and the World
War II Victory Medal.  He is shown to have served during two campaigns and
was authorized the Combat Infantryman Badge and the Marksman Badge with
Rifle Bar.


5.  The applicant was honorably separated as a sergeant on 21 August 1946.


6.  A copy of his final payment work sheet does not indicate receipt of
combat infantry pay.

7.  Army Regulation 600-8-22, paragraph 2-8 provides that the Purple Heart
is awarded to an individual who is wounded in action against an enemy of
the United States, the armed force of a foreign country which is or has
been engaged, while serving with a friendly foreign forces against an
opposing force even though the U.S. is not engaged, as the result of any
act of such enemy or opposing force or as a result an act of any hostile
foreign force.  Substantiating evidence must be provided to verify that the
wound was the result of hostile action, the wound must have required
treatment by a medical officer, and the medical treatment must have been
made a matter of official record.

8.  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.  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.

9.  The Awards Branch, Total Army Personnel Command (now know as the Human
Recourses Command), has advised in similar cases that, during World War II,
the Combat Infantryman Badge was normally awarded only to enlisted
individuals who served in the following positions:


      a.  Light machine gunner (604)    e.  Rifleman (745)
      b.  Heavy machine gunner (605)    f.  Automatic rifleman (746)
      c.  Platoon sergeant (651)   g.  Squad leader (653)
      d.  Heavy weapons NCO (812)  h.  Gun crewman (864)

10.  Army Regulation 600-8-22 provides, in pertinent part, that World War
II holders of the Combat Infantryman Badge are entitled to an award of the
Bronze Star Medal.
DISCUSSION AND CONCLUSIONS:

1.  While his WD AGO 53-55 lists award of the Combat Infantryman Badge, it
lists his MOS as a mess sergeant.  Additionally, his final pay record does
not indicate entitlement to combat infantry pay.

2.  This conflicting information, combined with the loss of most of his
service records, does not allow for a determination as to whether or not
the applicant was properly authorized the Combat Infantryman Badge.

3.  Therefore, there is insufficient documentation to confirm his
entitlement to the Combat Infantryman Badge or to grant him entitlement to
the Bronze Star Medal based upon award of the Combat Infantryman Badge.

4.  There is insufficient evidence to show that the applicant sustained a
wound, as the result of hostile action, which required treatment by a
medical officer, or that any such medical treatment was made a matter of
official record.  Therefore, entitlement to award of the Purple Heart
cannot be verified.

5.  Records show the FSM should have discovered the error or injustice now
under consideration on 21 August 1946, the date of his separation from
active duty.  However, the ABCMR was not established until 2 January 1947.
Therefore, the time for the FSM to have filed a request for correction of
any error or injustice expired on 1 January 1950.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_JRM___  __LE____  _JED  ___  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.




                                  __       Lester Echols_________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050002734                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051117                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DASA DECISION PARTIAL                   |
|REVIEW AUTHORITY        |DASA                                    |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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