RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                                        27 OCTOBER 2005
      DOCKET NUMBER:                    AR20050000788


      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             |
|     |                                  |     |Analyst              |


      The following members, a quorum, were present:

|     |                                  |     |Chairperson          |
|     |                                  |     |Member               |
|     |                                  |     |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 her deceased husband, a former service
member (FSM) be awarded three awards of the Combat Infantryman Badge (CIB)
and three awards of the Bronze Star Medal (BSM) and that his Separation
Qualification Record (WD AGO Form 100) be corrected to reflect that he
served 1 month as a truck driver and 25 months as a rifleman.

2.  The applicant states that the FSM’s records should be corrected and
awards presented posthumously in order to benefit the FSM’s widow, children
and grandchildren as to their history and to give the FSM the recognition
he deserves.

3.  The applicant provides a copy of the FSM’s WD AGO Form 100, a copy of
his honorable discharge (WD AGO Form 53-55, two letters from the FSM’s
company commander attesting to the FSM service as an infantryman and his
entitlement to be awarded the CIB and BSM, a copy of pages from the FSM’s
company roster, a letter from the FSM’s platoon leader

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 15 October 1945.  The application submitted in this case is
dated 23 November 2004 and was received on 14 January 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 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.  He was inducted at Fort Custer, Michigan on 10 December 1941.  He
completed his training and was assigned to the 144th Infantry Regiment for
duty as a truck driver.  The 144th Infantry Regiment was assigned to the
Eastern Defense Command that was responsible for security from Key West,
Florida to Wilmington, North Carolina.  He was awarded the Motor Vehicle
Award in Special Orders Number 129, issued by Headquarters, 144th Infantry
Regiment on 23 October 1943.  The 144th Infantry Regiment never deployed
oversea.

5.  On 3 June 1944, he was transferred to North Africa, where he remained
until he departed for Italy on 13 July 1944.  He departed Italy on 7
September 1944 and was transferred to France.

6.  Morning Report entries show that he was assigned to Company B, 142nd
Infantry Regiment located in Selestat, France from the 2nd Replacement
Depot on 15 December 1944.  He was assigned in the military occupational
specialty of 745 (Rifleman) and was serving in the rank of private first
class (PFC) at the time.

7.  He was reported as missing in action on 9 January 1945, when his unit
was overrun and captured by German Forces.  He was later classified as a
prisoner of war (POW) until 23 April 1945, when the camp he was in (Stalag
IV-B) was liberated by Russian Forces.

8.  He departed for the United States on 21 June 1945 and on 15 October
1945, he was honorably discharged at Fort Myer, Virginia.  He had served 3
years, 10 months and 6 days of total active service of which 1 year, 1
month and 3 days were spent overseas.  He was awarded the Motor Vehicle
Award (now known as a Drivers Badge), the European-African-Middle Easter
Campaign Medal with three bronze service stars, and the Good Conduct Medal.
 The 142nd Infantry Regiment was inactivated at Camp Patrick Henry,
Virginia on 15 December 1945.

9.  The WD AGO Form 100 issued to the FSM at the time of separation
indicates that the applicant served as a light truck driver for 25 months
and a rifleman for 1 month.  That form was completed at the time based on
information obtained from service records and the individual concerned.
The FSM authenticated that form with his signature at the time of his
discharge.  The WD AGO Form 100 specified in the heading that the form
would not be replaced if lost.  That form is now obsolete and there are no
stockpiles of that form in which to provide replacements of that form or to
make corrections.

10.  The FSM was issued a POW Medal on 17 August 1988.  However, there is
no evidence to show that the award was ever entered on his records.

11.  The FSM passed away at the age of 75 while a patient in a Department
of Veterans Affairs (VA) Medical Center in Illinois on 12 June 1995.  The
applicant is listed on his death certificate as his surviving spouse.

12.  On 20 March 2000, the applicant was issued replacement awards for the
FSM which also included the World War II (WWII) Victory Medal.  However,
there is no evidence that it was ever added to his records.

13.  A review of the FSM’s Final Payment Work Sheet indicates that he was
paid combat infantry pay due him for the period of 23 April to 15 October
1945.

14.  The Motor Vehicle Award was originally authorized by War Department
Circular 248, dated 28 July 1942.  In order to be awarded that award, an
individual had to occupy a duty position with title of a driver of Army
vehicles for a minimum of 12 consecutive months or during at least 8,000
miles of accident or violation free driving.

15.  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.  Only one award of the CIB was authorized for WWII.  The Awards
Branch, Total Army Personnel Command, (USAHRC) has advised in similar cases
that, during World War II, 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)

16.  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.

17.  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 for this campaign medal includes permanent assignment
outside the continental United States but within the American Theater of
Operations, 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 evidence of record clearly establishes that the FSM was assigned to
an infantry company as a rifleman in MOS 745 on 15 December 1944 and was
captured in combat on 9 January 1945.  The FSM was also receiving combat
infantry pay and his service as an infantryman in combat has been confirmed
by his unit commander and platoon leader at the time.

2.  Accordingly, it would be in the interest of justice to award him
(posthumously) the CIB at this time, with an effective date of 9 January
1945, while serving in the rank of PFC.

3.  In concert with his award of the CIB, the FSM is also entitled to be
awarded the BSM for his meritorious service during WWII as well.

4.  The FSM served in the Continental United States from the date of his
induction on 10 December 1941 until he departed for North Africa on 3 June
1944 and thus is entitled to be awarded the American Campaign Medal for
that period of service.

5.  Additionally, the FSM was awarded the POW Medal and the WWII Victory
Medal that were not included on his report of separation (WD AGO Form 53-
55).

6.  There is insufficient evidence available to establish the exact amount
of time he served as a rifleman and the evidence indicates that he was
awarded the Motor Vehicle Award while stationed in the United States (30
months).  Given the time required to qualify for that award, it is not
feasible that he served as a driver for 1 month.  Notwithstanding that the
time spent in each specialty cannot be determined with any degree of
accuracy, the WD AGO Form 100 is no longer available to effect such
corrections.  Therefore, it must be presumed that the form as authenticated
by the FSM at the time is correct.

7.  The applicant’s contention that the FSM should be awarded three awards
of the CIB and the BSM have been noted and found to be without merit.  The
applicant has failed to show through the evidence submitted and the
evidence of record that the FSM was entitled to receive multiple awards of
the CIB and BSM.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

___MM__  ___AR __  ___LS___  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 posthumously awarding
him the CIB and the BSM effective 9 January 1945, the American Campaign
Medal and by showing that he was awarded the WWII Victory Medal and the POW
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 to
two additional awards of the CIB and BSM and correction of the WD AGO Form
100.





                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050000788                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051027                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19451015                                |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |DEMOB                                   |
|BOARD DECISION          |(PARTIAL GRANT)                         |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |60/BSM                                  |
|1.107.0014              |                                        |
|2.107.0111              |157/CIB                                 |
|3.107.0063              |109/ACM                                 |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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