RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         10 November 2005
      DOCKET NUMBER:  AR20050005498


      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:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Michael J. Flynn              |     |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, award of the Combat Infantryman
Badge (CIB) and the addition of a bronze service star with his European-
African-Middle Eastern Campaign Medal.

2.  The applicant states, in effect, that he is entitled to the CIB based
on his service as an infantryman with Company E, 36th Infantry Division,
142nd Regiment.  He further claims he is entitled to 1 bronze service star
with his European-African-Middle Eastern Campaign Medal based on his
participation in the Naples-Foggia campaign of World War II.

3.  The applicant provides the following documents in support of his
application:  Self-Authored Letter, dated 17 February 2005; and Army of the
United States Honorable Discharge Certificate (WD AGO Form 55-53).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 8 December 1944.  The application submitted in this case
is dated 22 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 (NPRC) 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.  This case is
being considered using reconstructed records that primarily consist of his
separation document, Honorable Discharge Certificate, and Certificate of
Disability For Discharge
WD AGO Form 40, and Final Payment Work Sheet (War Department Form 371).
4.  The applicant’s separation document confirms he was inducted into the
Army and entered active duty on 30 April 1943.  It further shows that he
served in the European Theater of Operations (ETO) from 5 November 1943
through
1 June 1944.  It also shows that he served in military occupational
specialty (MOS) 767 (Radio Teletype Operator and 745 (Rifleman).  It also
shows that during his active duty tenure, he earned the European-African-
Middle Eastern Campaign Medal, and that he participated in the Naples-
Foggia campaign.

5.  The NPRC file on the applicant included a Final Payment-Work Sheet
prepared on him during his separation processing in December 1944.  This
document shows his final net payment totaled $222.83.  His final pay was
based on credits for accrued base and longevity pay, furlough rations pay,
travel pay, and mustering-out pay.  The payment block of the credits
portion of this document contained no entry indicating he was entitled to
combat infantry pay.  The applicant authenticated this document with his
signature.

6.  The applicant provides a copy of his Honorable Discharge Certificate
that shows he was discharged on 8 December 1944.  It also shows his unit of
assignment was Company D, 38th Signal Training Battalion.

7.  War Department Circular 186-1944 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.  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.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 5-11 contains
guidance on the World War II Victory Medal.  It states, in pertinent part,
that it was awarded for service between 7 December 1941 and 31 December
1946.  Paragraph 5-12 contains guidance on award of the European-African-
Middle Eastern Campaign Medal.  It states, in pertinent part, that a bronze
service star is authorized with this award for each campaign a member
participated in while serving in the ETO.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he is entitled to the CIB was carefully
considered.  However, there is no indication that he was entitled to or
awarded the CIB.  His separation document indicates he was assigned to a
Signal unit, and a final payment work sheet is void of any indication he
was receiving combat infantry pay based on having been awarded the CIB at
the time of his discharge.
2.  The record does confirm that based on his World War II service and
campaign participation in the ETO, the applicant is entitled to the World
War II Victory Medal and 1 bronze service star with his European-African-
Middle Eastern Campaign Medal.  Therefore, it would be appropriate to add
these awards to his record and separation document at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___MPK    __LDS___  __MJF__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 showing he is entitled
to the World War II Victory Medal and 1 bronze service star with his
European-African-Middle Eastern Campaign Medal; and by providing him a
correction to his separation document that includes these changes.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Combat Infantryman Badge.




                                  _____Margaret K. Patterson____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050005498                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005-11-10                              |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |1944/12/08                              |
|DISCHARGE AUTHORITY     |AR                                      |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Partial Grant                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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