RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 August 2006
      DOCKET NUMBER:  AR20050018135


      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. Karl L. Briales               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. Conrad V. Meyer               |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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 that his WD AGO Form 53-55 (Enlisted Records and
Report of Separation Honorable Discharge) be corrected to show the awards
of the Combat Infantryman Badge (CIB) and the Bronze Star Medal (BSM) by
virtue of the CIB.

2.  The applicant states that the orders to the CIB were recently found by
his former Lieutenant at the Maryland Archives.

3.  The applicant provides copy of orders awarding him the CIB.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 27 March 1946.  The application submitted in this case is
dated
23 January 2005; however, was not received for processing until 22 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 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 and entered
active duty on 6 April 1944 in military occupational specialty (MOS)
152 (Photographer).  This form further shows that at the time of separation
the applicant was assigned to Headquarters, 78th Infantry Division, and
served in the European Theater of Operations from 25 October 1944 to 10
March 1946.  He was honorably separated on 27 March 1946.

5.  Item 33 (Decorations and Citations) of the WD AGO Form 53-55 does not
show award of the Combat Infantryman Badge or the Bronze Star Medal.

6.  War Department Form 372A (Final Payment-Work Sheet) shows the applicant
was receiving Combat Infantry Pay.

7.  The applicant provided a copy of Headquarters, 311th Infantry General
Orders Number 17, dated 17 January 1945, awarding him the CIB for exemplary
conduct in action against the enemy.

8.  War Department Circular 269-1943 established the Combat Infantryman
Badge to recognize and provide an incentive to infantrymen.  The Combat
Infantryman Badge was awarded between 7 December 1941 and
3 September 1945 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.  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.  The Combat Infantryman Badge was normally awarded only to
enlisted individuals who served in the following positions:

    a.  Light machine gunner (604)
    b.  Heavy machine gunner (605)
    c.  Platoon sergeant (651)
    d.  Squad leader (653)
    e.  Rifleman (745)
    f.  Automatic rifleman (746)
    g.  Heavy weapons NCO (812)
    h.  Gun crewman (864)

9.  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.
10.  Review of the applicant's records indicates entitlement to additional
awards that are not shown on his WD AGO Form 53-55.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in World War II.  This document shows the unit to which the
applicant was assigned was cited for award of the Distinguished Unit
Citation for the period 30 January 1945 through 7 February 1945 by War
Department General Orders Number 30, dated 1946.

12.  The applicant's WD AGO Form 53-55 shows that he was awarded the
European-African-Middle Eastern Campaign Medal.  However, this form does
not show any bronze service stars indicating campaign credit.  His WD AGO
Form 53-55 indicates he participated in three campaigns.

13.  Army Regulation 600-8-22 (Military Awards), 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 or listed in item 32 (Battles and Campaigns) of the WD AGO Form
53-55.  This regulation states that authorized bronze service stars will be
worn on the appropriate campaign or service medal including the European-
African-Middle Eastern Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Combat
Infantryman Badge and the Bronze Star Medal by virtue of the CIB.

2.  General Orders awarded the applicant the Combat Infantryman Badge.
Therefore, he is entitled to correction of his records to show award of the
CIB.

3.  Based on his award of the CIB, the applicant is also entitled to be
awarded the BSM.

4.  General Orders show the applicant was awarded the Distinguished Unit
Citation which is not shown on his separation document.  Therefore, he is
entitled to correction of his records to show this foreign unit award.



5.  Evidence of record confirms the applicant participated in the three
campaigns during his service in World War II.  Therefore, is eligible for
award of three bronze service stars to be affixed to his European-African-
Middle Eastern Campaign Medal.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 March 1946, the date of his
separation from active duty.  However, the ABCMR was not established until
2 January 1947.  As a result, 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.

BOARD VOTE:

__kan___  __cvm___  ___ym___  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 showing the award of the Combat
Infantryman Badge, Bronze Star Medal, Distinguished Unit Citation, and 3
bronze service stars to wear on his already-awarded European-African-Middle
Eastern Campaign Medal.



                             Kathleen A. Newman
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050018135                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060801                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |107.0014                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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