RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 October 2005
      DOCKET NUMBER:  AR20050003455


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Kenneth W. Lapin              |     |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 correction of his records to show award of the
Purple Heart, the Combat Infantryman Badge, and the Bronze Star Medal.

2.  The applicant states, in effect, that the above awards are not listed
on his WD AGO Form 53-55 (Enlisted Record and Report of Separation-
Honorable Discharge).

3.  The applicant provides a WD AGO Form 53-55 with the ending period
29 November 1945.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 29 November 1945.  The application submitted in this case is dated 26
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.  However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.  In addition, the
applicant's WD AGO Form 53-55 and WD AGO Form 372 (Final Payment - Work
Sheet - Memorandum Copy) were available.

4.  The applicant's WD AGO Form 53-55 shows he was inducted on 15 March
1943 and entered active duty on 22 March 1943.  The applicant arrived in
the European Theater of Operations on 23 February1944.  He departed the
European Theater of Operations on 19 November 1945 after participating in
four campaigns.  He was honorably discharged on 29 November 1945.

5. Item 31 (Military Qualification and Date) shows the Marksman
Marksmanship Qualification Badge (Rifle) 22 May 1943.

6.  Item 33 (Decorations and Citations) shows the applicant was awarded the
American Service Medal, the European-African-Middle Eastern Theater
Campaign Medal, the Army Good Conduct Medal, and the World War II Victory
Medal.

7.  Headquarters, 123rd General Hospital General Orders Number 5, dated
8 January 1945, shows that the applicant was awarded the Purple Heart for
wounds received as a result of enemy action 28 December 1944.

8.  A WD AGO Form Number 370 (Final Statement), dated 27 November 1945,
shows that the applicant was due combat infantry pay from 1 October 1945
through 29 November 1945.

9.  There are no orders in the applicant's service personnel records
awarding him the Combat Infantryman Badge or the Bronze Star Medal.

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.  The Awards Branch, Total Army Personnel 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)
    b.  Heavy machine gunner (605)
    c.  Platoon sergeant (651)
    d.  Squad leader (653)
    e.  Rifleman (745)
    f.   Automatic rifleman (746)
    g.  Heavy weapons NCO (812)
    h.  Gun crewman (864)

11.  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.

12.  Army Regulation 600-8-22, in pertinent part, 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.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded the Purple
Heart.

2.  There are no orders in the applicant's service personnel records that
show he was awarded the Combat Infantryman Badge.  However, the applicant's
WD Form 370 verified he received combat infantryman pay from 1 October 1945
through 29 November 1945.

3.  The Board accepts the verification from the WD Form 370 as sufficient
to show the applicant is eligible for award of the Combat Infantryman Badge
and therefore the Bronze Star Medal.

4.  The applicant's participation in four campaigns entitles him to four
bronze service stars to be worn on his European-African-Middle Eastern
Theater Campaign Medal.  Therefore, his DD Form 214 should be amended to
add this award.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 November 1945, the date of his
separation from active duty.  The ABCMR was not established until 2 January
1947.  As a result, the time for the applicant to file a request for
correction of any error or injustice expired on 1 January 1950.  The
applicant did not file within the 3-year statute of limitations; however,
based on the available evidence it would be in the interest of justice to
excuse failure to timely file in this case.

BOARD VOTE:

__JS____  __ LDS  _  __ KWL _  GRANT FULL 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 amending his WD AGO Form 53-55 to show
award of the Purple Heart, the Combat Infantryman Badge, the Bronze Star
Medal (based on award of the Combat Infantryman Badge) and four bronze
service stars to be worn on his European-African-Middle Eastern Campaign
Medal.




                                  ____ John Slone ____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003455                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |18 October 2005                         |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |107.0111.0000                           |
|3.                      |107.0014.0000                           |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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