RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 August 2006
      DOCKET NUMBER:  AR20050018031


      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             |
|     |Mr. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Jerome L. Pionk               |     |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, that his WD AGO Form 53-55 (Enlisted
Record and Report of Separation be corrected to show his military
occupational specialty (MOS) as Infantryman and to show the award of the
Bronze Star Medal (BSM), in accordance with regulatory guidance for a World
War II veteran.

2.  The applicant states, in effect, that he trained and participated in
battles as an Infantryman.  However, his MOS was changed to a truck driver,
which is the only one listed on his discharge papers.  He further states
that because he was issued the Combat Infantryman Badge by his unit he is
entitled to award of the BSM.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 26 October 1945, the date of his discharge from active
duty.  The application submitted in this case is dated 13 December 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 applicant’s military personnel records were lost or destroyed in a
fire at the National Personnel Records Center in 1973.  However, there were
sufficient documents remaining in a reconstructed record and records
provided by the applicant for the Board to conduct a fair and impartial
review of this case.  The primary record available to this Board is the
applicant’s WD AGO Form 53-55.

4.  The available record shows that the applicant was inducted on 6
February 1943 and entered active duty on 13 February 1943.

5.  On 13 January 1945, the applicant was hospitalized for fragment wounds
incurred from an anti-tank mine in Belgium.

6.  On 26 October 1945, the applicant was honorably discharged from active
duty for convenience of the government (Demobilization).  He had served 2
years,
9 months, and 14 days of active service.

7.  Item 30 (Military Occupational Specialty and No.) of the WD AGO Form  
53-55 shows his specialty as 345 (Truck Driver LT).

8.  War Department Form 372A (Final Payment – Work Sheet)/(Credits), shows
that the applicant received Combat Infantryman Pay for the period  
1 September to 26 October 1945.

9.  Army Regulation 15-185 (Army Board for Correction of Military Records)
prescribes the policies and procedures for correction of military records
by the Secretary of the Army, acting through the ABCMR.  The regulation
provides that the ABCMR begins its consideration of each case with the
presumption of administrative regularity.  The applicant has the burden of
proving an error or injustice by a preponderance of the evidence.

10.  Review of the applicant's records indicates entitlement to additional
awards and decorations not shown on item 24 of his DD Form 214.

11.  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.

12.  Army Regulation 600-8-22 (Military Awards) 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.  Therefore, 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.  The applicant contends that his MOS recorded as Truck Driver on his WD
AGO Form 53-55 is incorrect.  He would like to change it to show
Infantryman.

2.  The applicant’s specialty is listed on his WD AGO Form 53-55 as a 345,
which is a Truck Driver Light.  The applicant has stated that his MOS was
changed from Infantryman to Truck Driver.  As such, the entry Truck Driver
was correct.

3.  The applicant's records show that the applicant was wounded in action
and received Combat Infantryman Pay.  As such, the applicant is entitled to
the Combat Infantryman Badge.

4.  Evidence of record shows that the applicant is entitled to the Bronze
Star Medal based on the citation of award for the Combat Infantryman Badge.
 Therefore, the applicant is entitled to correction of his records to show
this award.

5.  Record shows the applicant should have discovered the alleged error or
injustice now under consideration on 26 October 1945, the date of his
separation from active duty.  However, the ABCMR was not established until
2 January 1947, therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 1 January 1950.  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 relief being
granted in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__lds____  ___jtm__  ___jlp___  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 applicant concerned be corrected by showing award of the
Combat Infantryman Badge and the Bronze Star Medal.

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
changing his MOS to Infantryman.




                                  __________Linda D. Simmons_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050018031                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060822                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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