RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 August 2006
      DOCKET NUMBER:  AR20060000199


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Curtis Greenway               |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Ms. Peguine M. Taylor             |     |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, correction of his discharge document
to show award of the Purple Heart, Bronze Star Medal, Army of Occupation
Medal with Germany Clasp, Expert Infantryman Badge, and Expert Marksmanship
Qualification Badge with Machinegun Bar.

2.  The applicant states, in effect, that he is entitled to award of the
Purple Heart based on the fact that he suffered frostbite of his hands
while serving in combat during World War II; the Bronze Star Medal based on
award of the Combat Infantryman Badge; the Army of Occupation Medal with
Germany Clasp for his service in Frankfurt, Germany, from April 1945 to
March 1946; and the Expert Infantryman Badge and Expert Marksmanship
Qualification Badge with Machinegun Bar based on qualifying for the badges
in September 1944 and the summer of 1943, respectively.  He adds, in
effect, that it would be nice to correct the record so that he can pass the
awards along to his children and grandchildren.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation - Honorable Discharge), with an effective date of
26 March 1946; WD AGO Form 55 (Honorable Discharge Certificate), dated
25 March 1949; Veterans Administration, Detroit, Michigan, letter, dated
18 March 1948; letter to the U.S. Army Reserve Personnel Center, St. Louis,
Missouri, dated 7 November 2005, subject:  Service Medals and Awards; and
National Personnel Records Center, Military Personnel Records, St. Louis,
Missouri, letter, dated 25 November 2005, subject:  Reply to [Applicant's
Name and Social Security Number] Request for Service Medals and Awards.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 26 March 1946, the date of his discharge from the Army.  The
application submitted in this case is dated 30 November 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 service records were lost or destroyed in the
National Personnel Records Center (NPRC) fire of 1973.  Available records
consist essentially of the applicant's WD AGO Form 53-55 (Enlisted Record
and Report of Separation - Honorable Discharge) and WD Form 372A (Final
Payment - Work Sheet), dated 26 March 1946.

4.  Available military service records show that the applicant enlisted in
the
U.S. Army on 21 October 1942 and entered active duty on 10 July 1943.  Upon
completion of basic combat training and advanced individual training, the
applicant was awarded military occupational specialty (MOS) 667 (Message
Center Clerk).  He was assigned to Company A, 71st Infantry Regiment, and
served in the European Theater of Operations from 15 September 1944 to
11 March 1946.  On 26 March 1946, the applicant was honorably discharged
after serving on active duty for a total of 2 years, 8 months, and 18 days.

5.  Item 31 (Military Qualification and Date (i.e., infantry, aviation and
marksmanship badges, etc.)) of the applicant's WD AGO Form 53-55 shows that
the applicant was awarded the Combat Infantryman Badge, Sharpshooter
Marksmanship Qualification Badge with Carbine Bar, and the Marksman
Marksmanship Qualification Badge with Rifle Bar.  Item 32 (Battles and
Campaigns) of this document shows that he participated in the Northern
France and Rhineland campaigns.  Item 33 (Decorations and Citations) shows
that the applicant was awarded the American Campaign Medal, European-
African-Middle Eastern Campaign Medal with 2 bronze service stars, Good
Conduct Medal, and World War II Victory Medal.  Item 34 (Wounds Received in
Action) of the applicant's WD AGO Form 53-55 contains the entry "None."

6.  The applicant's military service records contain a copy of a letter
from the NPRC, Military Personnel Records, dated 25 November 2005.  This
document responds to the applicant's request for service medals and awards
and, in pertinent part, verified the applicant's entitlement to the Bronze
Star Medal, Good Conduct Medal, American Campaign Medal, European-African-
Middle Eastern Campaign Medal with 2 bronze service stars, World War II
Victory Medal, Combat Infantryman Badge, Sharpshooter Marksmanship
Qualification Badge with Carbine Bar, Marksman Marksmanship Qualification
Badge with Rifle Bar, and World War II Honorable Service Lapel Button.
This document also shows that the applicant's award of the Bronze Star
Medal was based on his award of the Combat Infantryman Badge.  This
document further shows that the award medal sets would be shipped directly
to the applicant by the U.S. Army Tank Automotive and Armaments Command,
Soldier System Team, Philadelphia, Pennsylvania.

7.  There is no evidence in the applicant's military service records which
shows that a DD Form 215 (Correction to DD Form 214, Certificate of Release
or Discharge from Active Duty) was issued when the NPRC verified the
applicant's entitlement to award of the Bronze Star Medal.

8.  In support of his application, the applicant provides copies of his
discharge documents; a letter from him to the U.S. Army Reserve Personnel
Center, dated 7 November 2005, requesting service medals and awards; NPRC's
letter in reply to the applicant's request; and a letter from the Veterans
Administration, dated
18 March 1948.  The discharge documents and letter from NPRC provide basic
information that substantiates the applicant's service and entitlement to
awards.  The letter from the Veterans Administration (VA) shows, in
pertinent part, that a service connection was established by the VA for the
applicant's frozen hands, but that the condition was not considered
disabling to a compensable degree.

9.  A review of the applicant's WD AGO Form 53-55 reveals that he may be
entitled to additional awards that are not shown on the document.

10.  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.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register), dated 6 July 1961, shows that the
applicant's unit, the 71st Infantry Regiment, received credit for the
occupation of Germany during the period 2 May 1945 to 17 June 1945.

12.  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, and escort on 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.
13.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time,
governs the requirements for the Overseas Service Bar.  In pertinent part,
it provides that a bar is authorized for wear for each period of active
Federal service as a member of the U.S. Army outside of the continental
limits of the United States (CONUS) for the specific time frames and areas
of operation cited in Army Regulation 670-1, or appropriate Department of
the Army message.  For World War II service, one Overseas Service Bar is
authorized for each period of
6 months active Federal service as a member of a U.S. Service outside CONUS
from 7 December 1941 to 2 September 1946.  For credit toward the Overseas
Service Bar, service is computed between dates of departure from, and
arrival at, a port in the United States or the boundary of CONUS.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for a wound sustained as a result of hostile action.  Army
Regulation 600-45 (Decorations), which governed the award of Army
decorations until
23 August 1951, stated that for the purpose of considering an award of the
Purple Heart, a “wound” is defined as an injury to any part of the body
from an outside force, element, or agent sustained while in action in the
face of the armed enemy or as a result of a hostile act of such enemy.  An
“element” pertains to weather and the award of this decoration to personnel
who were severely frostbitten while actually engaged in combat is
authorized.  The Army regulation further states that substantiating
evidence must be provided to verify that the wound was the result of
hostile action, the wound must have required treatment by a medical
officer, and the medical treatment must have been made a matter of official
record.

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 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.  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.  To be eligible for
testing and award of the Expert Infantryman Badge a Soldier must have had
an infantry specialty.

16.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate bar is
furnished to denote each weapon with which the individual has qualified.
The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the
Purple Heart, Bronze Star Medal, Army of Occupation Medal with Germany
Clasp, Expert Infantryman Badge, and the Expert Marksmanship Qualification
Badge with Machinegun Bar.

2.  There is no evidence of records that shows the applicant was awarded
the Purple Heart and the applicant provides insufficient evidence to
support award of the Purple Heart.  Notwithstanding the Veterans
Administration's determination of establishing a service connection for the
applicant's "frozen hands", there is no substantiating documentary evidence
in the applicant's military service records to verify that his hands were
severely frostbitten while actually engaged in combat (emphasis added) in
October and November 1944, that the condition required treatment by a
medical officer, or that the medical treatment was made a matter of
official record.  Therefore, the applicant is not entitled to award of the
Purple Heart.

3.  The evidence of records shows that the applicant was awarded the Combat
Infantryman Badge for exemplary conduct in action against the enemy during
World War II.  An award of the Combat Infantryman Badge is considered to be
a citation in orders.  The NPRC verified the applicant's entitlement to the
Bronze Star Medal; however, the applicant's service records were not
corrected to show this award.  Therefore, the applicant is entitled to
correction of his records to show award of the Bronze Star Medal for
meritorious achievement.

4.  There is insufficient documentary evidence in the available service
records to verify the applicant's claim to the Army of Occupation Medal
with Germany Clasp based on serving in the 979th Signal Service Company
(Motor Messenger), 3138th Signal Motor Messenger Company, or the 3139th
Signal Service Company from April 1945 through March 1946.  However, the
evidence of record does show that the applicant's unit, the 71st Infantry
Regiment, received credit for the occupation of Germany during the period 2
May 1945 through 17 June 1945.  Therefore, he is entitled to correction of
his records to show award of the Army of Occupation Medal with Germany
Clasp.
5.  Records show that the applicant served a total of 18 months in the
European Theater of Operations during World War II.  Therefore, he is
entitled to correction of his records to show award of 3 Overseas Service
Bars.

6.  There is no documentary evidence in the available service records to
verify the applicant's claim that he qualified and was awarded the Expert
Infantryman Badge at Camp Phillips, Kansas, in September 1944, or that he
qualified for the Expert Marksmanship Qualification Badge with Machinegun
Bar at Fort Riley, Kansas, in the summer of 1943.  Therefore, he is not
entitled to award of the Expert Infantryman Badge or the Expert
Marksmanship Qualification Badge with Machinegun Bar.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 March 1946; the date of his
discharge from the Army.  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.  The
applicant did not file within the 3-year statute of limitations and has not
provided a compelling explanation or evidence to show that it would be in
the interest of justice to excuse failure to timely file in this case.
Although the applicant did not file within the ABCMR's statute of
limitations, it is appropriate to waive failure to timely file for award of
the Bronze Star Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__CG___  __JBG___  __PMT__  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:

      a.  awarding the applicant the Bronze Star Medal for meritorious
achievement from 15 September 1944 to 14 October 1944; and

      b.  correcting his WD AGO Form 53-55 to add the Bronze Star Medal,
Army of Occupation Medal with Germany Clasp, and 3 Overseas Service Bars.

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, Expert Infantryman Badge, and the Expert
Marksmanship Qualification Badge with Machinegun Bar.




                            ____Curtis Greenway____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000199                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060810                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19460326                                |
|DISCHARGE AUTHORITY     |AR 615-365, RR 1-1 (Demobilization)     |
|DISCHARGE REASON        |Convenience of the Government           |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0014.0000                           |
|2.                      |107.0015.0000                           |
|3.                      |107.0067.0000                           |
|4.                      |107.0108.0000                           |
|5.                      |107.0112.0000                           |
|6.                      |                                        |


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