RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          13 December 2005
      DOCKET NUMBER:  AR20050006280


      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:

|     |Ms. Shirley Powell                |     |Chairperson          |
|     |Mr. Melvin Meyer                  |     |Member               |
|     |Mr. Allen 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 award of the Combat Infantryman Badge and the
Purple Heart.

2.  The applicant states he should be entitled to the Combat Infantryman
Badge because he served in the "combat engineers."  He contends that he has
hearing loss caused by explosions during combat.  He also contends that he
is service connected for hearing loss and Post Traumatic Stress Disorder.

3.  The applicant provides no evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
1 June 1946.  The application submitted in this case is dated 18 January
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 19 April 1944.  He served in the European
Theater of Operations from 9 November 1944 until approximately 26 May 1946.
 On 1 June 1946, the applicant was honorably discharged.

5.  The applicant's WD AGO Form 53-55 shows his organization was the 1262nd
Engineer Combat Battalion.  Item 4 (Arm or Service) on the applicant's WD
AGO Form 53-55 shows the Coastal Artillery Corps.  Item 30 (Military
Occupational Specialty (MOS) and No.) on his WD AGO Form 53-55 shows the
entry, "RIFLEMAN 745."  Item 32 (Battles and Campaigns) on his WD AGO Form
53-55 shows he participated in two campaigns.  His WD AGO Form 53-55 shows
the Good Conduct Medal, the World War II Victory Medal, and the European-
African-Middle Eastern Campaign Medal as authorized awards.  Item 34 on the
applicant’s WD AGO Form 53-55 shows the entry, “NONE.”

6.  There are no orders for the Combat Infantryman Badge in the available
records.

7.  There is no evidence in the available records which shows the applicant
received combat infantry pay during World War II.

8.  There is no evidence in the available records that shows the applicant
was awarded the Purple Heart or was wounded as a result of hostile action
during World War II.

9.  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.

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

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 the applicant's WD AGO Form 53-55 shows his MOS was 745, it
also shows his branch of service was coastal artillery and the 1262nd
Engineer Combat Battalion was his organization.  He also admits that he
served in the "combat engineers."  There is no evidence of record which
shows he performed exemplary conduct in action against the enemy or served
with an infantry unit of brigade, regimental or smaller size during World
War II.  Therefore, there is insufficient evidence on which to base award
of the Combat Infantryman Badge in this case.

2.  There is no evidence in the available records which shows that the
applicant was wounded or injured as a result of hostile action during World
War II.  Regrettably, there is insufficient evidence on which to base any
award of the Purple Heart in this case.

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

4.  Records show the applicant should have discovered the alleged errors
now under consideration on 1 June 1946; 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).  Although the
applicant did not file within the ABCMR's statute of limitations, it is
appropriate to waive failure to timely file based on the fact there is no
statute of limitations on requests for award of the Purple Heart.

5.  Evidence shows that the applicant’s records contain an 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 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

SP____  _MM_____  _AR____  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.  The Board determined that an administrative error in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned
to show that he was awarded the European-African-Middle Eastern Campaign
Medal with two bronze service stars.




            ___Shirley Powell_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050006280                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051213                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.01111                               |
|2.                      |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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