RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           23 November 2005
      DOCKET NUMBER:  AR20050006229


      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. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Mr. Larry Olson                   |     |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 and the Bronze Star Medal (based on award of the Combat Infantryman
Badge).

2.  The applicant states the Bronze Star Medal (based on award of the
Combat Infantryman Badge) is not listed on his discharge document.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
4 August 1945.  The application submitted in this case is dated 30 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 limitation 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.

4.  The applicant was inducted on 28 July 1944.  He served in the European
Theater of Operations from 15 January 1945 to 10 June 1945 and was
honorably discharged on 4 August 1945 with a certificate of disability.

5.  Item 4 (Arm or Service) on the applicant’s WD AGO Form 53-55 shows the
entry, "Inf" [infantry].  Item 6 (Organization) on his WD AGO Form 53-55
shows he was assigned to Company A, 414th Infantry of the 104th Infantry
Division.  Item 32 (Battles and Campaigns) on his WD AGO Form 53-55 shows
he participated in three battles and campaigns.  His WD AGO Form 53-55
shows the European-African-Middle Eastern Campaign Medal as an authorized
award.

6.  There are no orders for the Combat Infantryman Badge in the available
records.  However, item 30 (Military Occupational Specialty and Number) on
the applicant’s WD AGO Form 53-55 shows the entry “Rifleman 745” and item
34 (Wounds Received in Action) shows he was wounded in action on 6 April
1945 in the European Theater of Operations.

7.  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.

8.  Army Regulation 600-8-22 (Military Awards) 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.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for a wound sustained as a result of hostile action.
Substantiating evidence must be provided to verify that the wound was the
result of hostile action, the wound must have required treatment, and the
medical treatment must have been made a matter of official record.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
World War II Victory Medal.  It is awarded for service between 7 December
1941 and 31 December 1946, both dates inclusive.

11.  Army Regulation 600-8-22 authorizes a bronze service star, based on
qualifying service, for each campaign listed in Appendix B of this
regulation or listed in item 32 of the WD AGO Form 53-55.




DISCUSSION AND CONCLUSIONS:

1.  Although there are no orders for the Combat Infantryman Badge in the
available records, evidence of record shows the applicant served as a
rifleman assigned to an infantry company during World War II and he was
wounded in action on 6 April 1945.  Therefore, there is sufficient evidence
on which to base award of the Combat Infantryman Badge in this case.

2.  Based on award of the Combat Infantryman Badge, the applicant is
entitled to award of the Bronze Star Medal.

3.  The entry in item 34 on the applicant’s WD AGO Form 53-33 which shows
he was wounded in action on 6 April 1945 in the European Theater of
Operations is accepted as sufficient evidence on which to amend the
applicant’s WD AGO Form 53-55 to show award of the Purple Heart.
Presumably, orders were issued awarding him this medal as he does not ask
for award of the Purple Heart.

4.  The applicant served a period of qualifying service for award of the
World War II Victory Medal.

5.  The applicant participated in three battles and campaigns during World
War II which entitles him to the European-African-Middle Eastern Campaign
Medal with three bronze service stars.

6.  Records show the applicant should have discovered the alleged errors
now under consideration on 4 August 1945; therefore, the time for the
applicant to file a request for correction of any error or injustice
expired on 1 January 1950
(3 years after the Board was established on 2 January 1947).  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_____  _PM_____  _LO_____  GRANT 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 the applicant’s WD AGO Form
53-55 to show that he was awarded the Combat Infantryman Badge, the Bronze
Star Medal (based on award of the Combat Infantryman Badge), the Purple
Heart, the World War II Victory Medal, and the European-African-Middle
Eastern Campaign Medal with three bronze service stars.



            ___John Slone________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050006229                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051123                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |107.0014                                |
|3.                      |107.0000                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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