RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         17 November 2005
      DOCKET NUMBER:  AR20050004548


      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             |
|     |Ms. Yvonne Foskey                 |     |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, in effect, that the number and title entered in

Item 30 (Military Occupational Specialty and No) of his separation document

(WD AGO Form 53-55) be changed to Rifleman (745) vice Stock Clerk (835), as
is currently listed.

2.  The applicant states, in effect, that he is now 80 years old and still
trying to have his records straightened out.  He claims he served in
Patton’s 3rd Army and received pay as a combat infantryman.  He states he
was a Browning automatic rifleman throughout his tour in the European
Theater of Operations (ETO) and the many battles he participated in.  He
indicates that stock clerks were not in the battles, nor were they awarded
the Combat Infantryman Badge (CIB).  He further states that he has 5 battle
stars and fought in the Battle of Bulge, Rhineland, and Central Europe.

3.  The applicant provides a self-authored letter, honorable discharge
certificate, and WD AGO Form 53-55 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 31 March 1946.  The application submitted in this case is
dated
16 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.  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.  This case is
being considered using reconstructed records, which primarily consist of
the applicant’s separation document.

4.  The applicant’s WD AGO Form 53-55 shows he was inducted into the Army
on 26 March 1943 and entered active duty on 2 April 1943.  He continuously
served on active duty until being honorably separated on 31 March 1946.  It
further shows that he held the rank of private first class (PFC) and that
he was serving in the Infantry branch as of the date of his separation.
However, Item 30 contains the entry “Stock Clerk (835).”

5.  The applicant’s separation document also shows that he served in the
ETO from 21 January 1945 through 18 March 1946, and that he was assigned to
Headquarters 355th Infantry, 89th Infantry Division.  It also shows that he
participated in the Rhineland and Central Europe campaigns, and that he was
awarded the Combat Infantryman Badge (CIB) on 1 May 1945.

6.  The applicant’s WD AGO Form 53-55 further shows that he arrived back in
the United States on 26 March 1946, and that he was discharged on 31 March
1946.  Item 33 (Decorations and Citations) shows that in addition to the
CIB, the applicant earned the American Campaign Medal, European-African-
Middle Eastern Campaign Medal, Army Good Conduct Medal, and World War II
Victory Medal during his active duty tenure.

7.  War Department Circular 269-1943 established the CIB to recognize and
provide an incentive to infantrymen.  The CIB was awarded for exemplary
conduct in action against the enemy.  War Department Circular 186-1944
further provided that the CIB was to be awarded only to infantrymen serving
with infantry units of brigade, regimental, or smaller size.  Additionally,
World War II holders of the CIB received a monthly pay supplement known as
combat infantry pay. The Awards Branch, Human Resources Command has advised
that during World War II, the CIB was normally awarded only to enlisted
individuals 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).

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim that the MOS Stock Clerk (835) is incorrect and
that he served as a Rifleman during his World War II service appears to
have merit.  Although, the MOS title and number listed on the applicant’s
separation document indicates he was a Stock Clerk, the rest of the
available evidence all supports the applicant’s contention that he served
as an infantry Rifleman during his World War II service.

2.  The evidence confirms that the applicant was a member of the infantry
branch and that he was assigned to an infantry regiment while serving in
the ETO.  Further, he was awarded the CIB, which based on the policy in
effect at the time was authorized only for members serving in an infantry
MOS.  Members serving in MOS 745 (Rifleman) were in fact eligible to
receive the CIB, while members serving in MOS 835 (Stock Clerk) were not.
Given a preponderance of evidence supports the applicant’s assertion that
he served as an infantry rifleman as opposed to a stock clear during World
War II, it would be appropriate and serve the interest of equity and
justice to grant the requested relief.

BOARD VOTE:

___LE __  __JED___  __JRM__  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 Item 30 (Military
Occupational Specialty and No.) of his 31 March 1946 separation document by
deleting the current entry and replacing it with the entry “Rifleman
(745)”; and by providing him a correction to his separation document that
includes this change.




                            _____Lester Echols_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004548                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005-11-17                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1946/03/31                              |
|DISCHARGE AUTHORITY     |AR615-365 15 dec 44 . . . . .           |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Grant                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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