RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 October 2005
      DOCKET NUMBER:  AR20050003795


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Conrad V. Meyer               |     |Member               |
|     |Ms. Linda M. Barker               |     |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, correction of his military records
to show award of the Bronze Star Medal and Presidential Unit Citation.

2.  The applicant states, in effect, that his discharge document is in
error because it does not show these awards.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation Honorable Discharge) and Army of the United States
Honorable Discharge Certificate, dated 28 November 1945, and a copy of a
letter from the Veterans Outreach/Interment, The Board of Chosen
Freeholders, County of Passaic, dated 21 January 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 November 1945, the date of his separation from the Army.
The application submitted in this case is dated 3 March 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.  Military records show that the applicant entered active duty in the
U.S. Army on 18 December 1942 and served honorably until he was discharged
on
28 November 1945.

4.  The applicant's WD AGO Form 53-55 shows that the applicant was assigned
to the 106th Station Hospital and served in the Pacific Theater of
Operations from 17 August 1945 until 30 October 1945.  Item 30 (Military
Occupational Specialty and No.) of this document contains the entry,
"Supply NCO, 821" and Item 31 (Military Qualification and Date (i.e.,
infantry, aviation and marksmanship badges, etc.)) contains the entry
"None".  In addition, Item 33 (Decorations and Citations) shows that the
applicant was awarded the Asiatic-Pacific Service Medal, European-African-
Middle Eastern Service Medal, Good Conduct Medal, and World War II Victory
Medal.
5.  The applicant provides copies of his discharge documents and a letter
which advises veterans that the Bronze Star Medal is authorized for award
to World War II veterans who earned the Combat Infantryman Badge or the
Combat Medical Badge.

6.  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, the
Military Awards Branch, U.S. Army Human Resources Command, has advised in
similar cases that, during World War II, the Combat Infantryman Badge was
normally awarded only to enlisted Soldiers 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) provides, in pertinent part,
that the Combat Medical Badge is awarded to medical department personnel
(colonel and below) who are assigned or attached to a medical unit of
company or smaller size that is organic to an infantry unit of brigade,
regimental or smaller size, which is engaged in active ground combat.
Battle participation credit is not sufficient; the infantry unit must have
been in contact with the enemy and the Soldier must have been personally
present and under fire during such ground combat.  Additionally,
information supplied by the Center for Military History indicates that,
although a medical company was frequently further attached to support
operations of corps and divisions, only medical personnel in the organic
medical companies of the infantry regiments historically met the
requirements for qualifying service for the Combat Medical Badge.

8.  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 also 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.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) shows that the 106th Station Hospital
received one unit award during World War II.  This document shows that the
unit was cited for award of the Meritorious Unit Commendation, for the
period 1 January 1944 through 30 June 1944, by Headquarters, Peninsular
Base Section, General Orders 166, dated 10 June 1945.

10.  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.

11.  Army Regulation 600-8-22 in pertinent part, states that the
Meritorious Unit Commendation (formerly known as the Meritorious Service
Unit Plaque until
1 March 1961) is awarded to units for exceptionally meritorious conduct in
the performance of outstanding services for at least six continuous months
during the period of military operations against an armed enemy occurring
on or after
1 January 1944.  Service in a combat zone is not required, but must be
directly related to the combat effort.  The unit must display such
outstanding devotion and superior performance of exceptionally difficult
tasks as to set it apart and above other units with similar missions.  The
degree of achievement required is the same as that which would warrant
award of the Legion of Merit to an individual.  Only in rare cases will a
unit larger than a battalion qualify for award of this decoration.  For
services performed during World War II, awards will be made only to service
units and only for services performed between 1 January 1944 and 15
September 1946.

12.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and
Insignia), in pertinent part, states that unit awards are authorized for
permanent wear by an individual who was assigned and present for duty with
the unit at any time during the period cited, or who was attached to and
present for duty with the unit for at least 30 consecutive days of the
period cited.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the
Bronze Star Medal based on award of the Combat Infantryman Badge or Combat
Medical Badge.  The applicant further contends that his discharge document
should also be corrected to show the Presidential Unit Citation.
2.  Evidence of the applicant's military service records fails to show that
he possessed one of the requisite infantry military occupational
specialties, or that he was cited for exemplary conduct in action against
the enemy while serving with an infantry unit of brigade, regimental or
smaller size, necessary to qualify for award of the Combat Infantryman
Badge.

3.  Evidence of the applicant's military service records fails to show that
he possessed one of the requisite medical department military occupational
specialties, or that he was assigned or attached to a medical unit of
company or smaller size organic to an infantry unit of brigade, regimental
or smaller size, necessary to qualify for award of the Combat Medical
Badge.

4.  There is also no evidence in the applicant's military service records
that shows he was cited in orders or awarded a certificate for exemplary
conduct in ground combat between 7 December 1941 and 2 September 1945, or
that he was awarded the Combat Infantryman Badge or the Combat Medical
Badge.  Therefore, the applicant is not entitled to award of the Bronze
Star Medal.

5.  Evidence of records fails to show that the applicant's unit was cited
for award of the Presidential Unit Citation (known as the Distinguished
Unit Citation until 3 November 1966).  Therefore, this unit award should
not be added to Item 33 (Decorations and Citations) of his discharge
document.

6.  Evidence of records shows that the 106th Station Hospital was cited for
award of the Meritorious Unit Commendation (known as the Meritorious
Service Unit Plaque until 1 March 1961), for the period 1 January 1944
through 30 June 1944. However, evidence of the applicant's records shows
that he was not assigned or attached to the unit during the period cited.
Therefore, this unit award should not be added to Item 33 (Decorations and
Citations) his discharge document.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 November 1945, the date of his
discharge.  Therefore, based on the date the Board was established,
2 January 1947, the time for the applicant to file a request for correction
of any error or injustice expired on 1 January 1950.  However, he did not
file within the 3-year statute of limitations and has not provided a
compelling explanation or evidence to show that it would be in the interest
of justice to excuse failure to file.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JEV __  __CVM __  __LMB__  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.




                                  _____JAMES E. VICK_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003795                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051026                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19451128                                |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Convenience of the Government           |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0014.0000                           |
|2.                      |107.0031.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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