RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          18 January 2006
      DOCKET NUMBER:  AR20050008087


      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. Chester Damian                |     |Member               |
|     |Ms. Karmin Jenkins                |     |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 53-55 (Enlisted
Record and Report of Separation) to show award of the Combat Infantryman
Badge.  He also requests that his organization be corrected to show Company
B, 310th Infantry Regiment, 78th Infantry Division.

2.  The applicant states the Combat Infantryman Badge is not listed on his
discharge document.  He also contends that he was assigned to the 310th
Infantry Regiment, not the 318th Infantry Regiment.

3.  The applicant provides a copy of his WD AGO Form 53-55.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
11 January 1946.  The application submitted in this case is dated 19 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 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’s WD AGO Form 53-55 shows he was inducted on 1 February
1943 and entered active duty on 9 February 1943.  He served in the European
Theater of Operations from 25 October 1944 through 25 December 1945 and was
honorably discharged on 11 January 1946.

5.  Item 6 (Organization) on the applicant's WD AGO Form 53-55 shows the
entry, "CO B 318TH INF REGT 78TH DIV” [Company B, 318th Infantry Regiment,
78th Division].  His WD AGO Form 53-55 shows the Good Conduct Medal, the
Purple Heart, the American Campaign Medal, the Distinguished Unit Citation,
the Bronze Star Medal, two awards of the Overseas Service Bar, the World
War II Victory Medal, and the European-African-Middle Eastern Campaign
Medal with three bronze service stars as authorized awards.

6.  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.

7.  There is no evidence in the available records which shows the applicant
was assigned to Company B, 310th Infantry Regiment, 78th Division during
World War II.  However, the Department of the Army Pamphlet 672-1 (Unit
Citation and Campaign Participation Credit Register) shows the 318th
Infantry Regiment belonged to the 80th Infantry Division.

8.  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.

9.  Army Regulation 600-45 (Decorations), effective 13 October 1949,
provided in pertinent part, that 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.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the bronze oak leaf cluster is awarded to denote the second and
succeeding awards of certain decorations, among which is the Bronze Star
Medal.


DISCUSSION AND CONCLUSIONS:

1.  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.

2.  Since the Department of the Army Pamphlet 672-1 shows the 318th
Infantry Regiment belonged to the 80th Infantry Division, not the 78th
Infantry Division as reflected in item 6 on the applicant's WD AGO Form 53-
55, it is reasonable to presume that the entry in item 6 is incorrect.
Therefore, it would be appropriate to correct item 6 on the applicant's WD
AGO Form 53-55 to show Company B, 310th Infantry Regiment, 78th Infantry
Division.

3.  The applicant received award of the Bronze Star Medal prior to his
separation from active duty on 11 January 1946.  After his discharge from
the Army, he became entitled to a second award of the Bronze Star Medal
based on his award of the Combat Infantryman Badge during World War II.
Therefore, the applicant is entitled to two awards of the Bronze Star Medal
and correction of his records to show the Bronze Star Medal with First Oak
Leaf Cluster.

4.  Records show the applicant should have discovered the alleged errors
now under consideration on 11 January 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).  The applicant
did not file within the 3-year statute of limitations; however, based on
the available evidence it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

SP_____  _CD____  _KJ______  GRANT 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:

      a.  amending his WD AGO Form 53-55 to show that he was awarded the
Combat Infantryman Badge and the Bronze Star Medal with First Oak Leaf
Cluster;


      b.  deleting the entry in item 6 on his WD AGO Form 53-55; and


      c.  adding the entry, "Company B, 310th Infantry Regiment, 78th
Infantry Division" in item 6 on his WD AGO Form 53-55.




            __Shirley Powell______________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050008087                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060118                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |100.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]