RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           14 December 2005
      DOCKET NUMBER:  AR20050007086


      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. Leonard Hassell               |     |Member               |
|     |Mr. Michael 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 Bronze Star Medal, the
Purple Heart, and the Combat Infantryman Badge.  He also requests
replacement of the Driver Badge with Tank Bar and the Presidential Unit
Citation.

2.  The applicant states a request for the Bronze Star Medal was put in on
23 December 1945 and he was discharged on 24 December 1945.  He contends
that he was wounded by shrapnel in his left knee during the “Battle for
Metz” in late 1944/early 1945 and was sent to a field hospital in France;
however, his superior officer must not have submitted the proper form for
the Purple Heart.  He also states that he qualified for the Combat
Infantryman Badge.

3.  The applicant provides two applications; a WD AGO Form 53-55 (Enlisted
Record and Report of Separation); and a WD AGO Form 106 (Request for
Decoration and/or Citation).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
24 December 1945.  The applications submitted in this case are dated 25
April 2005 and 16 June 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 requested correction of his records to show award of the
Bronze Star Medal.  There are no orders or other evidence authorizing this
decoration to the applicant.  In the absence of a proper award authority
for this decoration, the applicant may request award of the Bronze Star
Medal under the provisions of Section 1130 of Title 10, United States Code.
 The applicant has been notified by separate correspondence of the
procedures for applying for this decoration under Section 1130 and, as a
result, they will not be discussed further in this Record of Proceedings.

5.  The applicant was inducted on 19 March 1943 and entered active duty on
26 March 1943.  He served in the European Theater of Operations from 15 May
1944 through 22 June 1945 and was honorably discharged on 24 December 1945.


6.  Item 6 (Organization) on the applicant's WD AGO Form 53-55 shows his
organization as the 95th Infantry Division, Company G, 378th Infantry
Regiment.  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, the Good Conduct
Medal, and the World War II Victory Medal as authorized awards.  Item 34
(Wounds Received in Action) on his WD AGO Form 53-55 shows the entry,
"None."

7.  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.

8.  There are no orders for the Combat Infantryman Badge in the available
records.  However, the applicant’s War Department Form 372A (Final Payment
– Work Sheet) shows he received combat infantry pay.

9.  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 authorized for units which served
during World War II.  This document shows the applicant's unit received the
Distinguished Unit Citation for actions during the period 10-15 November
1944 based on War Department General Order 21-45.

10.  Department of the Army Pamphlet 672-1 shows the applicant's unit
received occupation credit for Germany for the period 2 May 1945 to 12 June
1945.

11.  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.

12.  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.

13.  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.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of
Occupation Medal is awarded for service of thirty consecutive days at a
normal post of duty in a qualifying location.  Personnel at a qualifying
location as an inspector, courier, escort, temporary or detached duty are
precluded from eligibility.  For award of the Army of Occupation Medal with
Germany Clasp, qualifying service must have occurred between 9 May 1945 and
5 May 1955 and the European-African-Middle Eastern Campaign Medal must have
been awarded prior to 9 May 1945.

15.  Army Regulation 600-8-22 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.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant claims that he was wounded by shrapnel in late
1944/early 1945, there is no evidence in the available records which shows
he was wounded or injured as a result of hostile action during World War
II.  Regrettably, there is insufficient evidence on which to base award of
the Purple Heart in this case.

2.  The applicant received combat infantry pay during World War II.
Therefore, there is sufficient evidence on which to base award of the
Combat Infantryman Badge in this case.

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

4.  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.

5.  The applicant's unit received the Distinguished Unit Citation
(currently known as the Presidential Unit Citation) while he was assigned
to it.

6.  The applicant's unit received occupation credit for Germany which
entitles him to award of the Army of Occupation Medal with Germany Clasp.


7.  The Army Board for Correction of Military Records does not issue
medals.  The applicant may receive the awards shown on his WD AGO Form 53-
55 by submitting a request in writing to the following address: National
Personnel Records Center, ATTN:  Army Medals, 9700 Page Avenue, St. Louis,
Missouri 63132-5100.  A copy of the WD AGO Form 53-55 should be included
with the request.

8.  Records show the applicant should have discovered the alleged errors
now under consideration on 24 December 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).  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

JS_____  __LH____  __MF____  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 all Department of the Army
records of the individual concerned be corrected by amending his 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
European-African-Middle Eastern Campaign Medal with three bronze service
stars, the Presidential Unit Citation, and the Army of Occupation Medal
with Germany Clasp.

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.



            ___John Slone_________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050007086                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051214                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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