RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 September 2006
      DOCKET NUMBER:  AR20060004246


      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 Anderholm               |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Thomas Ray                    |     |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 correction of his WD AGO Form 53-55 (Enlisted
Record and Report of Separation) to show award of the Bronze Star Medal
(based on award of the Combat Infantryman Badge).

2.  The applicant states, in effect, that he has a Bronze Star Medal with
his name inscribed on the back in his possession; however, this award is
not shown on his WD AGO Form 53-55.

3.  The applicant provides a letter, dated 18 November 1945, from The
Adjutant General; a letter, dated 19 February 1987, from the National
Archives in Washington, D.C.; and an Enlistment Record and Report of
Separation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 18 November 1945.  The application submitted in this case is
dated 13 March 2006.

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 was inducted on 28 October 1943.  He served in the
European Theater of Operations from 13 June 1944 through 15 June 1945 and
was honorably discharged on 18 November 1945.

5.  The applicant’s WD AGO Form 53-55 shows the World War II Victory Medal,
the Purple Heart, the European-African-Middle Eastern Campaign Medal, and
the Good Conduct Medal as authorized awards.
6.  There are no orders for the Combat Infantryman Badge in the available
records.  However, a letter, dated 17 December 1945, from (the Acting) The
Adjutant General shows the applicant received the Combat Infantryman Badge
for satisfactory performance of duty in ground combat against the enemy.

7.  The applicant provided a letter, dated 19 February 1987, from the
National Archives in Washington, D.C.  This letter states that records of
the Office of the Provost Marshal General (Record Group 389) and computer
printout lists of American prisoners of war in the European Theater of
Operations during World War II prepared from Veterans Administration tapes
show the applicant was captured in France on 30 July 1944 and returned to
military control on 21 July 1945.

8.  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.

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.  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.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Prisoner of War (POW) Medal.  The regulation states that the POW Medal was
authorized on 8 November 1985 and is awarded to individuals who in past
armed conflicts were taken prisoner or held captive.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant received the Combat Infantryman
Badge; therefore, his WD AGO Form 53-55 should be corrected to show this
badge.
2.  Based on award of the Combat Infantryman Badge, the applicant is
entitled to award of the Bronze Star Medal and correction of his WD AGO
Form 53-55 to show this medal.

3.  Evidence of record shows the applicant was POW during World War II;
therefore, he is entitled to award of the POW Medal.

4.  Records show the applicant should have discovered the alleged error now
under consideration on 18 November 1945; therefore, the time for the
applicant to file a request for correction of any error expired on 1
January 1950 (3 years after the Board was established on 2 January 1947).
The applicant did not file within the 3-year statute of limitations;
however, based on the available evidence it would be in the interest of
justice to excuse failure to timely file in this case.

BOARD VOTE:

JA_____  __ML____  __TR____  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 amending his WD AGO Form 53-55 to show
that he was awarded the Combat Infantryman Badge, the Bronze Star Medal
(based on award of the Combat Infantryman Badge), and the POW Medal.




                            ____James Anderholm___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004246                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060919                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0014                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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