RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 December 2005
      DOCKET NUMBER:  AR20050006751


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ted Kanamine                  |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Ms. Jeanette McPherson            |     |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, as the son of the deceased former service member (FSM),
requests correction of his father's records to show award of the Combat
Infantryman Badge, the Purple Heart, a bronze arrowhead, and an Expert
Marksmanship Qualification Badge.  He also requests correction of the FSM's
records to show separate campaigns in Italy.

2.  The applicant states the FSM received a concussion, was in combat
missions with an infantry unit, and was on assault landings in Italy.  He
states the FSM was assigned to Company M, 180th Infantry Regiment, 45th
Infantry Division.  The FSM was inducted in February 1942.  He was sent
overseas in June 1943 and was assigned in Sicily, Salerno (Naples-Foggia
Campaign) and was injured on 14 November or 15 November 1943 in Venafro
where he received a concussion from shelling.  The applicant states the FSM
was in several hospitals until 15 December 1943 or 15 January 1944.  The
FSM was sent back to duty with his unit until the end of February or March
1944 then he was sent to Africa where he stayed until June 1944.  The FSM
returned to the United States and was transferred to the Prisoner of War
Section, 1325th Service Unit.

3.  The applicant provides a copy of the FSM's death certificate; his
Honorable Discharge Certificate; his WD AGO Form 53 (Enlisted Record and
Report of Separation); medical records; and a photograph.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred

on 5 December 1944.  The application submitted in this case is dated 4 May
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 FSM’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 FSM’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 FSM was inducted into the Army on 9 February 1942.  His WD AGO Form
53 shows his military occupation as ammunition bearer and interpreter.

5.  Item 32 (Military Qualification and Date) on his WD AGO Form 53 shows
he qualified as Marksman with the rifle on 14 August 1942 and qualified
with the heavy machine gun on 22 September 1942.

6.  Item 35 (Wounds Received in Action) on the FSM's WD AGO Form 53 shows
the entry "None."

7.  The FSM departed the continental United States on 8 June 1943 and
arrived in the "African Theater" on 22 June 1943.

8.  A medical document dated 15 November 1943 shows the FSM was diagnosed
as having anxiety and was transferred to a convalescent hospital.  This
document shows he was assigned to the 180th Infantry Regiment.

9.  A medical document dated 21 November 1943 indicates the FSM was nervous
and jittery for 2 days continually since the shelling which occurred two
weeks ago.

10.  The FSM departed the "African Theater" on 12 June 1944 and arrived in
the continental United States on 29 June 1944.

11.  A medical document dated 16 August 1944 indicated the FSM was a mildly
depressed, tearful, tremulous, restless individual who had recently been
evacuated from overseas because of being unconscious for several hours or
days either due to exhaustion or concussion.

12.  Progress Notes dated 5 October 1944 stated the FSM was admitted on
5 September [1944] and complained of extreme nervousness for about 9
months. This document indicated he had experiences in combat missions in
Italy and toward the end of November 1943, his company was shelled, which
was unusually long and severe.  The FSM lost consciousness and was told he
went into a nervous state.  This document also indicated the FSM regained
consciousness the following day at an Evacuation Hospital.

13.  The FSM was discharged from active duty on 5 December 1944.  Item 34
(Decorations and Citations) on his WD AGO Form 53 shows the Good Conduct
Medal as an authorized award.  Item 57 (Remarks) on his WD AGO Form 53
shows the entry "Entitled to EAME Campaign Ribbon."  Item 32 does not list
award of the Combat Infantryman Badge.

14.  Item 33 (Battles and Campaigns) on the FSM's WD AGO Form 53 shows the
entries "Sicilian Campaign" and "Italian Campaign."

15.  The FSM's WD AGO Form 53 shows he served 1 year, 8 months and 28 days
of continental service and 1 year and 22 days of foreign service.

16.  A Final Payment Roll shows the FSM was due combat infantry pay from
1 January 1944 to 19 October 1944 and from 24 October 1944 to 5 December
1944.

17.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register), dated 6 July 1961, shows, among other
information, campaign credit during World War II.  This document does not
list the "Italian Campaign" as an authorized campaign that received credit
during World War II.

18.  Department of the Army Pamphlet 672-1 shows the unit to which the FSM
was assigned, the 180th Infantry Regiment, 45th Infantry Division, received
campaign credit for the Anzio Campaign (22 January – 24 May 1944), the
Naples-Foggia Campaign (9 September 1943 – 21 January 1944) and the Rome-
Arno Campaign (22 January – 9 September 1944).

19.  Department of the Army Pamphlet 672-1 also shows the unit to which the
FSM was assigned, the 180th Infantry Regiment, 45th Infantry Division,
received credit for participation in assault landings in Seoglitti from 9
to 11 July 1943 based on War Department General Orders Number 70 dated
1945.

20.  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.  Additionally, World War II holders of
the Combat Infantryman Badge received a monthly pay supplement known as
combat infantry pay and holders of the Expert Infantryman Badge were
entitled to expert 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.

21.  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.

22.  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.  This
regulation also provides that there is no statute of limitations on
requests for award of the Purple Heart.

23.  Army Regulation 600-8-22 provides, in pertinent part, for the
“arrowhead” to be worn on the appropriate service medal to denote
participation in a combat parachute jump, helicopter assault landing,
combat glider landing, or amphibious assault landing while assigned or
attached as a member of an organized force carrying out an assigned
tactical mission.  The regulation specifies that individual assault credit
is tied directly to the combat assault credit decision for the unit to
which the Soldier is assigned.  The regulation requires that the unit must
be credited with a combat assault in order for the Soldiers to receive
credit for a combat assault and the Soldier must physically exit the
aircraft or the watercraft as appropriate.  The regulation also specifies
that the arrowhead is authorized for wear on the Asiatic-Pacific Campaign
Medal, the European-African-Middle Eastern Campaign Medal, the Korean
Service Medal, the Vietnam Service Medal, and the Armed Forces
Expeditionary Medal.

24.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate bar is
furnished to denote each weapon with which the individual has qualified.
The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.

25.  Army Regulation 600-8-22, in pertinent part, authorizes award of the
European-African-Middle Eastern Campaign Medal for qualifying service in
the European-African-Middle Eastern Theater of Operations for the period
7 December 1941 to 8 November 1945.  Army Regulation 600-8-22 also
authorizes a bronze service star, based on qualifying service, for each
campaign listed in Appendix B of this regulation and states that authorized
bronze service stars will be worn on the appropriate campaign or service
medal including the European-African-Middle Eastern Campaign Medal.

26.  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.

27.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
American Campaign Medal.  This campaign medal is awarded for qualifying
service in the American Theater between 7 December 1941 and 2 March 1946.
Qualifying service includes permanent assignment outside the continental
United States, duty as a crewmember aboard a vessel sailing ocean waters
for 30 consecutive or 60 nonconsecutive days, or duty outside the
continental United States as a passenger or in a temporary duty status for
30 consecutive or 60 nonconsecutive days, or active combat against the
enemy and was awarded a combat decoration or furnished a certificate by a
corps commander or higher, or service within the continental United States
for an aggregate period of one year.

DISCUSSION AND CONCLUSIONS:

1.  The FSM's WD AGO Form 53 shows he served as an ammunition bearer and
interpreter and was assigned to an infantry unit in the "African Theater."
The Final Payment Roll of the FSM's unit verifies he was due combat
infantry pay for the periods 1 January 1944 to 19 October 1944 and 24
October 1944 to 5 December 1944.  This evidence is sufficient as a basis
for award of the Combat Infantryman Badge.

2.  Based on award of the Combat Infantryman Badge in paragraph 1, above,
the FSM is entitled to award of the Bronze Star Medal.

3.  The FSM's medical documents were carefully reviewed.  These documents
indicate the FSM experienced anxiety and lost consciousness either due to
exhaustion or concussion, when his company was under shelling.  There is no
evidence of record which confirms he was wounded as a result of hostile
action.  Regrettably, there is insufficient evidence on which to base award
of the Purple Heart in this case.
4.  The FSM's WD AGO Form 53 shows he qualified as Marksman with the rifle.
 There is no evidence of record which shows the FSM qualified as Expert
with any weapon.  Therefore, there is insufficient evidence on which to
correct his records to show an Expert Marksmanship Qualification Badge.

5.  The FSM was assigned to a unit during a period it received campaign
credit for participation in Anzio, Naples-Foggia and Rome-Arno.  Therefore,
these campaigns should be added to item 33 on his WD AGO Form 53.

6.  Department of the Army Pamphlet 672-1 does not list the "Italian
Campaign" as an authorized campaign.  Therefore, this campaign should be
deleted from item 33 on the FSM's discharge document.

7.  The Remarks section of the FSM's WD AGO Form 53 shows he was entitled
to the European-African-Middle Eastern Campaign Ribbon, but this award is
not listed as an authorized award in item 34 on his WD AGO Form 53.
Therefore, it would be appropriate to add this award to item 34 on his WD
AGO Form 53.

8.  Since the FSM received campaign credit for participation in the
Sicilian Campaign, the Anzio Campaign, the Naples-Foggia Campaign, and the
Rome- Arno Campaign, he is entitled to four bronze service stars and one
arrowhead for wear on his European-African-Middle Eastern Campaign Ribbon.

9.  The FSM served a period of qualifying service for award of the World
War II Victory Medal and the American Campaign Medal.  Therefore, these
awards should be added to his WD AGO Form 53.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

TK______  RD______  JM______  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 the WD AGO Form 53 of the
individual concerned be corrected:

      a.  by deleting the entry "Italian Campaign" from item 33;

      b.  by deleting the entry "Entitled to EAME Campaign Ribbon" from
item 57 ;

      c.  by adding the entries "Anzio Campaign," "Naples-Foggia Campaign"
and "Rome-Arno Campaign to item 33;" and

      d.  by adding award of the Combat Infantryman Badge, the Bronze Star
Medal (based on award of the Combat Infantryman Badge), the European-
African-Middle Eastern Campaign Ribbon with four bronze service stars and
one bronze arrowhead, the World War II Victory Medal, and the American
Campaign Medal to item 34.

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 Purple Heart, and an Expert Marksmanship Qualification Badge.




                            Ted Kanamine__________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006751                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051222                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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