RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 December 2005
      DOCKET NUMBER:  AR20050003859


      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:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Mr. Allen L. Raub                 |     |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 records to show
assault landing/campaign participation credit for Anzio and award of the
Army of Occupation Medal.

2.  The applicant states, in effect, that he went in on the Anzio Beachhead
in March 1944 and served in Italy for 6 months following the end of World
War II, which entitles him to assault landing/campaign participation credit
and award of the Army of Occupation Medal.

3.  The applicant provides a copy of his WD AGO 53-98 (Military Record and
Report of Separation - Certificate of Service), dated 26 November 1945, and
DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge
from Active Duty), dated 21 March 2002.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 26 November 1945, the date of his separation from active duty.
The application submitted in this case is dated 9 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 was inducted into the Army on
8 March 1943.  After completion of basic combat training and advanced
individual training, the applicant was deployed to the European-African-
Middle Eastern Theater of Operations where he served successively as a
Rifleman, Squad Leader, and Section Leader with Company I, 133rd Infantry
Regiment, 34th Infantry Division in North Africa and Italy.  On 14 April
1945, the applicant was honorably discharged in the grade of staff
sergeant, commissioned as a second lieutenant in the Army on 15 April 1945,
and continued to serve with Company M, 133rd Infantry Regiment in Italy
until 22 October 1945.  He was honorably discharged from the U.S. Army in
the grade of second lieutenant on
26 November 1945.
4.  The applicant's WD AGO Form No. 24 (Service Record) shows on Page 6
(Foreign Service) that he arrived in North Africa on 15 October 1943 and
was assigned to Company I, 133rd Infantry Regiment.  He left North Africa
with his unit on 6 December 1943 and arrived in Italy on 9 December 1943,
where he served with the 133rd Infantry Regiment until his departure from
Italy on
22 October 1945.  This document also shows on Page 15 (Remarks -
Administrative - Insert # 1) that the applicant participated in the Anzio
Beachhead engagement in Italy from 25 March 1944 to 22 May 1944.

5.  The applicant's WD AGO Form 53-98, as amended by his DD Form 215, shows
in Item 28 (Battles and Campaigns) that he participated in the Po Valley,
North Apennines, Naples-Foggia, and Rome-Arno campaigns; a total of four
campaigns.  Item 33 (Decorations and Citations) shows that he was awarded
the Bronze Star Medal, Combat Infantryman Badge, Good Conduct Medal,
European-African-Middle Easter Campaign Medal with 4 bronze service stars,
Overseas Service Bar, and World War II Victory Medal.

6.  The applicant provides copies of his WD AGO Form 53-98 and DD Form 215
in support of his request for assault landing/campaign participation credit
and award of the Army of Occupation Medal.

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) shows, in pertinent part, unit campaign
participation during World War II.  This document shows that, while
assigned to the
133rd Infantry Regiment, 34th Infantry Division, the applicant's unit
participated in the following campaigns during World War II:  Naples-Foggia
(Ground), North Apennines, Po Valley, and Rome-Arno campaigns.

8.  Department of the Army Pamphlet 672-1 also shows, in pertinent part,
units authorized assault landing and occupation credit for service during
World War II. This document identifies those units credited with
participating in the assault landing at Anzio on 22 and 23 January 1944.
This document fails to show the 133rd Infantry Regiment, 34 Infantry
Division, was authorized assault landing credit for Anzio.  This document
also identifies those units authorized occupation credit.  This document
fails to show the 133rd Infantry Regiment, 34th Infantry Division, was
authorized occupation credit for Italy.

9.  War Department, General Orders Number 4 (1947), lists the units
authorized occupation credit for Italy.  The 133rd Infantry Regiment is not
listed on General Orders Number 4, nor is the 34th Infantry Division listed
in the General Orders.

10.  Review of the applicant's records reveals that he may be entitled to
an additional award which is not shown on his WD AGO Form 53-98.

11.  Department of the Army Pamphlet 672-1 shows that, at the time of the
applicant's assignment to the 133rd Infantry Regiment, 34th Infantry
Division, the unit was cited for award of the French Croix de Guerre, for
the period 1 February 1943 to 31 July 1944, by Headquarters, Department of
the Army, General Orders Number 43 (1950).

12.  Army Regulation 600-8-22 (Military Awards), in pertinent part,
authorizes award of the European-African-Middle Eastern Campaign Medal for
qualifying service in the European-African-Middle Eastern Theater of
Operations for the period 7 December 1941 to 8 November 1945.  This Army
regulation also authorizes a bronze service star, based on qualifying
service, for each campaign listed in Appendix B of this regulation or in
item 32 (Battles and Campaigns) of the WD AGO Form 53-98.  This 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.

13.  Army Regulation 600-8-22 further provides, in pertinent part, for the
“arrowhead” device to be worn on the appropriate service medal to denote
participation in a combat parachute jump, helicopter assault landing,
combat glider landing, or amphibious assault landing while assigned or
attached as a member of an organized force carrying out an assigned
tactical mission.  The regulation specifies that individual assault credit
is tied directly to the combat assault credit decision for the unit to
which the Soldier is assigned.  The regulation requires that the unit must
be credited with a combat assault in order for the Soldiers to receive
credit for a combat assault and the Soldier must physically exit the
aircraft or the watercraft as appropriate.  The regulation also specifies
that the "arrowhead" device is authorized for wear on the European-African-
Middle Eastern Campaign Medal.

14.  Army Regulation 600-8-22 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.  (Clasps are authorized for
wear on the Army of Occupation Medal.  The clasp is a bronze bar 1/8-inch
by 1 1/2 inches with the word "Germany" inscribed thereon, to denote
occupation rendered in Europe.) 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 or with a unit
listed in General Orders Number 4 (1947).

15.  Army Regulation 600-8-22 provides for award of the French Fourragere
as an approved foreign unit award.  The French Fourragere may be awarded by
the French Government when a unit has been cited twice for award of the
French Croix de Guerre.  When a unit is cited twice for the Croix de
Guerre, then the colors of the fourragere are red and green.  In a 28 March
1983 letter, the U.S. Army Military Personnel Center published the policy
regarding awards of the French Croix de Guerre to U.S. Army veterans who
had served in World War I and World War II.  Essentially, this guidance
states that there is no individual emblem presented to or worn by Army
Soldiers who were in a unit cited by the French Government for the Croix de
Guerre.  Thus, former members of any American units which appear in
Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Credit
Register) are not authorized an individual device.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to assault
landing and/or campaign credit for Anzio and award of the Army of
Occupation Medal for his service in Italy during World War II.  However,
the applicant provides insufficient documentary evidence to support his
claim.

2.  The evidence of records fails to support the applicant's contentions.
There is no official documentary evidence in the applicant's military
service records that supports his contention that his unit received assault
landing credit at Anzio in March 1944 or was credited for participation in
the Anzio campaign.  Absent any evidence that shows the applicant's unit
received assault landing credit at Anzio in March 1944 or campaign
participation credit for Anzio, there is no basis to correct his records to
authorize award of the "arrowhead" device or an additional bronze service
star for wear on his European-African-Middle Eastern Campaign Medal.

3.  There is no official documentary evidence that supports the applicant's
contention that his unit was authorized occupation credit for Italy from 9
May 1945 to 22 October 1945.  Therefore, the applicant is not authorized
award of the Army of Occupation Medal with Germany Clasp.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 November 1945; the date of his
separation from active duty.  The ABCMR was not established until 2 January
1947.  Therefore, 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 and has not
provided a compelling explanation or evidence to show that it would be in
the interest of justice to excuse failure to timely file in this case.

5.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__SLP __  __MHM__  __ALR __  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.


3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show award of the French Croix de Guerre.  The letter, DD Form
215, or other directive used to correct the applicant's 26 November 1945 WD
AGO Form 53-98 should add in Item 43 (Remarks):  "FRENCH CROIX DE GUERRE--
UNIT CITATION--NO EMBLEM AUTHORIZED".




                                  ___SHIRLEY L. POWELL___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003859                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051213                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19451126                                |
|DISCHARGE AUTHORITY     |AR  . . . . .                           |
|DISCHARGE REASON        |RR 1-2                                  |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0065.0000                           |
|2.                      |107.0067.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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