RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         14 December 2005
      DOCKET NUMBER:  AR20050006585


      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. John N. Slone                 |     |Chairperson          |
|     |Mr. Leonard G. Hassell            |     |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 Bronze Star Medal (BSM).

2.  The applicant states, in effect, he is a WWII combat veteran and was
assigned to a combat reconnaissance (Recon) unit, which should entitle him
to the CIB.  Further, if he is awarded the CIB, he would also be entitled
to the BSM as authorized by executive order.

3.  The applicant provides the following documents in support of his
application:  Honorable Discharge Certificate; Separation Document (WD AGO
53-55); and Infantry Division Association Card.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 27 October 1945.  The application submitted in this case
is dated
4 June 2004.

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, which primarily consists of
the applicant’s separation document.

4.  The applicant’s WD AGO Form 53-55 confirms he was inducted into the
Army on 23 November 1942 and entered active duty on 5 December 1942.  It
further shows that he served in the European Theater of Operations (ETO)
from
11 August 1944 through 5 October 1945.  Item 4 (Arm of Service) contains
an entry that indicates he was a member of the Cavalry branch of service
and Item 6 (Organization) shows he was assigned to the 94th Recon Troop,
which was an organic unit of the 94th Infantry Division, at the time of his
discharge.  Item 30 further shows the applicant was trained in and served
in Military Occupation Specialty 761 (Squad Leader).

5.  Item 33 (Decorations and Citations) of the applicant’s WD AGO Form 53-
55 shows he earned the following awards during his tenure on active duty:
American Theater Ribbon; European-African-Middle Eastern (EAME) Campaign
Medal with 4 bronze service stars; 3 Overseas Service Bars; Army Good
Conduct Medal (AGCM); and Purple Heart (PH).  Item 34 (Wounds Received in
Action) contains an entry showing the applicant was wounded in action in
France on 13 November 1944.

6.  Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards
policy.  Paragraph 3-13 of the awards regulation outlines the criteria for
the award of the Bronze Star Medal (BSM).  Paragraph 3-13d (2) states, in
effect, that the BSM is authorized to members of the Armed Forces of the
United States who, after 6 December 1941, were cited in orders or awarded a
certificate for exemplary conduct in ground combat against an armed enemy
between
7 December 1941 and 2 September 1945, inclusive, or whose meritorious
achievement was otherwise confirmed by documents executed prior to 1 July
1947.  This paragraph also stipulates that for this purpose, an award of
the CIB is considered as a citation in orders.

7.  Paragraph 5-10 of the awards regulation contains guidance on the Army
of Occupation Medal.  It states, in pertinent part, that it is authorized
with the Germany Clasp for participation in the occupation of Germany
between 9 May 1945 and 5 May 1955 (Service between 9 May and 8 November
1945 will be counted only if the European-African- Middle Eastern Campaign
Medal was awarded for service before 9 May 1945.)

8.  Paragraph 5-11 of the same regulation 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, both dates
inclusive.



9.  Chapter 8 contains guidance on award of the CIB.  It states, in
pertinent part, that there are basically three requirements for the CIB.  A
Soldier must be serving in an infantry MOS, he must be assigned to an
infantry unit of brigade, regimental or smaller size, and he must be
personally present and participate with the unit while it is engaged in
combat with enemy forces.

10.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation
Credit Register-World War II) establishes the eligibility of individual
members for campaign participation credit, assault landing credit, and unit
citation badges awarded during World War II.  This source confirms that
during his tenure of assignment, the applicant’s unit (94th Recon Troop,
94th Infantry Division) received occupation credit for Germany.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the CIB and a BSM based on the
CIB were carefully considered and found to have merit.  By regulation the
CIB was awarded to enlisted individuals who performed infantry duties while
serving with an infantry unit of brigade, regimental, or smaller size.

2.  The evidence confirms the applicant was serving as a squad leader in a
qualifying unit while serving in the ETO during World War II.  It further
shows he was awarded the Purple Heart for being wounded in action in France
in 1944, which confirms his personal participation in combat with his unit
while it was engaged in ground action with enemy forces.  Therefore, the
regulatory burden of proof necessary to support award of the CIB has been
satisfied in this case.

3.  Further, based on his entitlement to the CIB, he is also entitled to
the BSM, for exemplary conduct in ground combat against an armed enemy in
the ETO during World War II.

4.  The evidence further confirms that based on his World War II service
and campaign participation in the ETO, the applicant is also entitled to
the World War II Victory Medal and Army of Occupation Medal with Germany
Clasp.  Therefore, these awards should also be added to his record at this
time.
BOARD VOTE:

___JNS__  ___LGH_  __MJF__  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 awarding him the Combat Infantryman
Badge and Bronze Star Medal; by showing he is entitled to the World War II
Victory Medal and Army of Occupation Medal with Germany Clasp; and by
providing him a correction to his separation document that includes these
awards.




                                  _____John N. Slone______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20056585                              |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005/12/14                              |
|TYPE OF DISCHARGE       |HD,                                     |
|DATE OF DISCHARGE       |1945/10/27                              |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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