RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 October 2005
      DOCKET NUMBER:  AR20050006234


      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. Antoinette Farley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Barbara J. Ellis              |     |Chairperson          |
|     |Mr. Hubert O. Fry, Jr.            |     |Member               |
|     |Mr. Robert Rogers                 |     |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 correction of his WD AGO Form 53-98 (Military
Record and Report of Separation Certificate of Service), dated 19 November
1945, to show award of the Distinguished Unit Citation.

2.  The applicant states he was attached to the 47th Infantry Regiment of
the 9th Infantry Division which was involved in the Battle for Remagen.  He
adds that his unit was awarded the Distinguished Unit Citation, but it was
left off of his discharge certificate.

3.  The applicant provides a copy of his WD AGO Form 53-98, dated
19 November 1945; a copy of his WD AGO Form 53-98, dated 19 July 1946; a
Certificate issued to him in Lieu of Lost or Destroyed Discharge
Certificate, dated 12 November 1946; and a two-page excerpt from the Eight
Stars to Victory, a history of the Ninth U.S. Infantry Division.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred 19 July 1946, the date of his separation from Active Duty.
The application submitted in this case is dated 7 April 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.  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
that the applicant submitted for the Board to conduct a fair and impartial
review of this case.

4.  The applicant was commissioned as a second lieutenant and entered
active duty on 27 December 1944.  He was awarded a military occupational
specialty (MOS) 1542 (Infantry Unit Commander).  The applicant upon
completion of his military training was assigned to the 9th Infantry
Division of the 47th Infantry Regiment, while he served in the European
African Middle Eastern Theater from 25 February 1945 through 19 May 1945.
He was honorably separated due to a physical disability on 19 November
1945.

5.  Item 27 (Military Qualification and Date) of the applicant's WD AGO
Form
53-98, dated 19 November 1945, shows he was awarded the Combat Infantryman
Badge.

6.  Item 28 (Battles and Campaigns) of the applicant's WD AGO Form 53-98,
dated 19 November 1945, shows he participated in the Rhineland Campaign.

7.  Item 29 (Decorations and Citations) of the applicant's WD AGO Form 53-
98, dated 19 November 1945, shows that  he was awarded the Purple Heart,
the Combat Infantryman Badge and the European-African-Middle Eastern
Theater Ribbon [now known as the European-African-Middle Eastern Campaign
Medal].  The applicant's military service record does not contain any
general orders awarding him the Distinguished Unit Citation.

8.  Item 30 (Wounds Received in Action) of the applicant's WD AGO Form 53-
98, dated 19 November 1945, shows that the applicant was wounded in action
on 16 March 1945, in the Rhineland Campaign.

9.  Item 34 (Total Length of Service) of his WD AGO Form 53-98, dated
19 November 1945, shows he had a total of 7 months and 10 days of
Continental Service and 3 months and 13 days of foreign service.

10.  On 17 April 1946, the applicant reenlisted on active duty.  His
military service records show he was assigned to the 9th Infantry Division
as an Infantry Unit Commander.  The applicant's military service records
also show that he was honorably separated on 19 July 1946 from active duty.

11.  Item 28 (Battles and Campaigns) of the applicant's WD AGO Form
53-98, dated 19 July 1946, shows the entry "None".  Item 29 (Decorations
and Citations) of the applicant's WD AGO Form 53-98 shows that he was
awarded the World War II Victory Medal.

12.  The applicant submitted excerpts from the book Eight Stars to Victory.
 The excerpts essentially pointed out that several units were attached to
the 47th Infantry Regiment which was awarded the Distinguished Unit
Citation.  The units shown by the author in his book did not include the
applicant's unit.

13.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register), dated 6 July 1961, shows, among other
information, unit awards and citations received by units which served
during World War II.  This document shows the unit to which the applicant
was assigned, Company L, 47th Infantry Regiment of the 9th Infantry
Division, was not cited for award of the Distinguished Unit Citation for
actions during World War II.

14.  However, the Department of the Army Pamphlet 672-1, dated 6 July 1961,
shows that the applicant's unit was cited for award of the Meritorious Unit
Commendation for actions during World War II by General Orders Number 138,
dated 30 July 1945, for the period of service from 1 January 1945 through
31 March 1945.

15.  Review of the applicant's personnel records indicates that he is
entitled to additional awards that are not shown on his WD AGO Form 53-89.

16.  Records show that the applicant received award of the Combat
Infantryman Badge; however, his record does not show that he received the
Bronze Star Medal, based on award of the Combat Infantryman Badge.

17.  Army Regulation 600-8-22 also 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.

18.  Department of the Army Pamphlet 672-1 shows that the applicant's unit
was awarded campaign credit for the Central Europe Campaign.  However, the
applicant's WD AGO Form 53-98 only shows campaign credit for the Rhineland
Campaign.  Therefore, he participated in two campaigns, the Central Europe
and the Rhineland campaigns.

19.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation or listed in item 28 (Battles and
Campaigns) of the WD AGO Form 53-98, dated 19 November 1945.

20.  Appendix B of 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the
Distinguished Unit Citation in view of being attached to the 47th Infantry
Regiment of the 9th Infantry Division.

2.  Although, the applicant provided excerpts from a book in support of his
contention, this evidence is not sufficient to warrant the correction
requested.  Additionally, there is no evidence in the available records
which supports the applicant's contention that he is entitled to award of
the Distinguished Unit Citation.  Therefore, there is insufficient evidence
to grant the relief requested.

3.  General Orders show the applicant is entitled to award of the
Meritorious Unit Citation during his service in World War II.  This award
was omitted from his WD AGO Form 53-98.  Therefore, the applicant is
entitled to correction of his records to show award of the Meritorious Unit
Citation.

4.  Records show the applicant's unit participated in the Central Europe
and the Rhineland campaigns during his service in World War II.  Therefore,
the applicant is entitled to correction of his WD AGO Form 53-98 to show
award of two bronze service stars to be worn on his European-African-Middle
Eastern Campaign Medal to show his participation.

5.  Evidence of record shows the applicant was awarded the Combat
Infantryman Badge.  Based on the award of the Combat Infantryman Badge, the
applicant is entitled to award of the Bronze Star Medal.  Therefore, the
applicant is entitled to correction of his records to show award of the
Bronze Star Medal.

6.  Records show the applicant should have discovered the error or
injustice now under consideration on 19 July 1946, the date of his
separation from active duty. However, 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.





7.  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

__HOF___  _RR___  __BJE___  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 concerning award of the
Distinguished Unit Citation.

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:

      a.  show award of the Meritorious Unit Commendation, the Bronze Star
Medal; and two bronze service stars for wear on the European-African-Middle
Eastern Campaign Medal; and




      b.  add the entries "Central Europe" and "Rhineland" in item 20 of
his WD AGO 53-98.




            _Barbara J. Ellis_______
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050006234                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051101                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |                                        |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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