RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 October 2006
      DOCKET NUMBER:  AR20060002449


      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:

|     |Mr. James Gunlicks                |     |Chairperson          |
|     |Mr. Michael Flynn                 |     |Member               |
|     |Mr. Scott Faught                  |     |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, as the widow of a deceased former service member (FSM),
requests, in effect, that her late husband’s military records be corrected
to show the Combat Infantryman Badge and the Bronze Star Medal (based on
award of the Combat Infantryman Badge).

2.  The applicant states the FSM served with the 135th Infantry Regiment of
the 34th Infantry Division as a platoon leader in the European Theater of
Operations (Italian campaign).

3.  The applicant provides a WD AGO Form 53-98 (Military Record and Report
of Separation); a sworn statement, from her son; a marriage certificate; a
death certificate; and a personal sworn statement.

CONSIDERATION OF EVIDENCE:

1.  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.

2.  The FSM entered active duty on 1 December 1942.  His WD AGO Form
53-98 shows his military occupational specialty as 1542 (platoon leader).
He served in the European Theater of Operations from 8 April 1944 through
26 December 1944.  On 1 March 1945, he was released from active duty in the
rank of second lieutenant.

3.  The FSM's WD AGO Form 53-98 shows he was assigned to the 135th
Infantry.  His WD AGO Form 53-98 shows the European-African-Middle Eastern
Campaign Medal with two bronze service stars as an authorized award.  His
WD AGO Form 53-98 also shows that he served 1 year and 5 months of
continental service.

4.  There are no orders for the Combat Infantryman Badge in the available
records.  His final War Department Pay and Allowance Account does not show
that he received combat infantry pay.

5.  In support of her claim, the applicant provided a sworn statement from
her son.  He attests that his father was averse to talking about the war
and said little to him of it during his lifetime; however, his father did
recount two incidents to him while in Germany in 1976.  He states the FSM
remarked that “our location would have been ideal for the German army
artillery as they could put a mortar round in your pocket.”  The second
incident the FSM mentioned was a few days later and he said that once while
rushing up a hill in Italy the man on either side of him had been dropped
by a shot.  The applicant also provided a sworn statement and attests that
her husband seldom referred to his part in the war after he came home and
that his letters were censored.  She states that she remembers him telling
her once that he had had a narrow call when a bullet had passed through his
backpack and she took this to mean that he had been under fire.

6.  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.

7.  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.  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.

8.  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 includes permanent assignment outside the continental
United States, 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.

9.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
World War II Victory Medal.  It is awarded for service between 7 December
1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  Although the FSM’s WD AGO Form 53-98 shows that he served as a platoon
leader assigned to the 135th Infantry during World War II, there is no
evidence of record which shows that he performed exemplary conduct in
action against the enemy.  There are no orders for the Combat Infantryman
Badge.  Regrettably, there is insufficient evidence on which to base award
of the Combat Infantryman Badge or the Bronze Star Medal (based on award of
the Combat Infantryman Badge) in this case.

2.  The FSM served a period of qualifying service for award of the American
Campaign Medal based on active duty service within the continental United
States for an aggregate period of one year between 1 December 1942 and
10 March 1944.

3.  The FSM served a period of qualifying service for award of the World
War II Victory Medal based on active duty service between 1 December 1942
and 1 March 1945.

4.  Evidence shows that the FSM’s records contain administrative errors
which do not require action by the Board.  Therefore, administrative
correction of the FSM's records will be accomplished by the Case Management
Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in
paragraph 2 of the section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JG_____  _MF_____  SF______  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  The Board determined that an administrative error in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the
CMSD-St. Louis administratively correct the records of the individual
concerned
to show that he was awarded the World War II Victory Medal and the American
Campaign Medal.




                                  ____James Gunlicks____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002449                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061005                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |107.0014                                |
|3.                      |107.0000                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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