RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 March 2007
      DOCKET NUMBER:  AR20060010786


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Larry W. Racster              |     |Member               |
|     |Mr. Rodney E. Barber              |     |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, that his record be corrected to show
his entitlement to the Silver Star (SS), Bronze Star Medal (BSM) with Oak
Leaf Cluster, Air Medal (AM) with Oak Leaf Cluster, and any other medals
awarded to his unit during World War II (WWII).

2.  The applicant states, in effect, that he is entitled to the awards in
question.

3.  The applicant provides an unsigned extract of Headquarters, 26th
Infantry Division General Orders Number 132, dated 11 June 1945, and his
separation document (WD AGO Form 53-55) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 2 December 1945, the date of his separation.  The
application submitted in this case is dated 9 June 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.  This case is being
considered using reconstructed records, which primarily consist of the
applicant's WD AGO Form 53-55.

4.  The applicant's separation document shows that he was inducted into the
Army and entered active duty on 23 March 1943.  It also shows that he
served in the European Theater of Operations (ETO) from 23 February 1944
through
22 November 1945, and that he participated in the Ardennes, Central Europe,
Normandy, Northern France, and Rhineland campaigns.
5.  The applicant's WD AGO Form 53-55 also shows he was assigned to the
328th Infantry Regiment, and that he served in military occupational
specialty (MOS) 745 (Rifleman).  It also shows that during his active duty
tenure, he earned the BSM, European-African-Middle Eastern Campaign Medal,
Army Good Conduct Medal, and the WWII Victory Medal.  It also confirms he
was honorably separated, in the rank of technical sergeant, on 2 December
1945, after completing a total of 2 years, 8 months, and 17 days of active
military service.  The applicant authenticated his separation document with
his signature on the date of his separation.

6.  The applicant provides an unsigned extract of Headquarters, 26th
Infantry Division General Orders Number 132, dated 11 June 1945.  It
indicates that these orders contained five sections that authorized awards
of the SS with Oak Leaf Cluster, SS, BSM with Oak Leaf Cluster, BSM, and AM
with Oak Leaf Cluster.  The extract does not identify the different
sections and contains a citation that indicates the applicant received an
award for gallantry in action in the vicinity of Saarholzbach, Germany on
16 March 1945; however, the specific award the applicant received is not
identified.

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  Paragraph 3-10 contains guidance on the SS.  It states, in
pertinent part, that it is awarded to individuals who are cited for
gallantry in action against an enemy of the United States while engaged in
military operations involving conflict with an opposing foreign force, or
while serving with friendly foreign forces engaged in armed conflict
against an opposing armed force in which the United States is not a
belligerent party.  The required gallantry, while of a lesser degree than
that required for the Distinguished Service Cross, must nevertheless have
been performed with marked distinction.

8.  Paragraph 3-14 of the awards regulation contains guidance on award of
the BSM.  It states, in pertinent part, that it is awarded to members who
distinguish themselves by heroic or meritorious achievement or service, not
involving participation in aerial flight, in connection with military
operations against an armed enemy; or while engaged in military operations
involving conflict with an opposing armed force in which the United States
is not a belligerent party. Paragraph 3-14d(2) authorizes the BSM to
members who, after 6 December 1941, were been cited in orders or awarded a
certificate for exemplary conduct in ground combat against an armed enemy
between 7 December 1941 and
2 September 1945, inclusive, or whose meritorious achievement has been
otherwise confirmed by documents executed prior to 1 July 1947.  For this
purpose, an award of the Combat Infantryman Badge (CIB) or Combat Medical
Badge is considered as a citation in orders.  An Oak Leaf Cluster is
awarded to denote a second or subsequent award of the BSM.
9.  Paragraph 3-16 of the awards regulation contains guidance on awarding
the AM.  It states, in pertinent part, that it is awarded to members who
distinguished themselves by meritorious achievement or service while
participating in aerial flight.  Awards may be made to recognize single
acts of merit or heroism, or for meritorious service.  Award of the Air
Medal is primarily intended to recognize those personnel who are on current
crewmember or non-crewmember flying status which requires them to
participate in aerial flight on a regular and frequent basis in the
performance of their primary duties.

10.  Paragraph 5-13 of the awards regulation contains guidance on the
European-African-Middle Easter Campaign Medal.  It states, in pertinent
part, that a bronze service star is authorized with this award for each
campaign a member participated in while serving in the ETO.  A silver
service star is used in lieu of 5 bronze service stars to denote
participation in 5 campaigns.

11.  Chapter 8 of the awards regulation contains guidance on Badges and
Tabs of United States Origin.  Paragraph 8-6 contains guidance on the CIB.
It states, in pertinent part, that there are three basic requirements for
the CIB.  They are that a member be holding and serving in an infantry MOS,
that he be serving in an infantry unit of brigade, regimental, or smaller
size, and that he actively participated while his unit was engaged in
active ground combat with enemy forces.  The Military Awards Branch of the
U.S. Army Human Resources Command, (USAHRC) has advised in similar cases
that, during World War II, the CIB was normally awarded only to enlisted
individuals who served in the following positions:  Light machine gunner
(604); Heavy machine gunner (605);  Platoon sergeant (651); Squad leader
(653); Rifleman (745); Automatic rifleman (746); Heavy weapons NCO (812);
Gun crewman (864)

12.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation
Credit Register-World War II) establishes the eligibility of individual
members for campaign participation credit, assault landing credit, and unit
citation badges awarded during World War II.  This source confirms that
during his tenure of assignment, the applicant’s unit (328th Infantry
Regiment) was awarded the Meritorious Unit Commendation and received
occupation credit for Germany.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the SS and AM was
carefully considered.  However, there is insufficient evidence to support
his claim.  The orders provided by the applicant are unsigned and it is not
clear on what specific award the applicant was receiving based on the
included citation.  Absent a
signed official order, or other corroborating evidence (citation,
certificate, etc) there is an insufficient evidentiary basis to support
adding the SS to his record and separation document at this time.

2.  By regulation, the AM is primarily intended to recognize those
personnel who are on current crewmember or non-crewmember flying status
which requires them to participate in aerial flight on a regular and
frequent basis in the performance of their primary duties.  The available
evidence provides no indication that in the course of the performance of
his regular duties, the applicant regularly participated in aerial flight.
Thus, there is in insufficient evidentiary basis to support award of the AM
in this case.

3.  By regulation, the CIB is authorized to members who hold and serve in
an infantry MOS, in an infantry unit of brigade, regimental, or smaller
size, and who actively participate with their unit while it is engaged in
active ground combat with enemy forces.  The evidence of record does
confirm the applicant held and performed duties in an infantry MOS in an
infantry unit during WWII.  Unit history records confirm his unit actively
participated in ground combat in the ETO from October 1944 through May
1945.  As a result, it is reasonable to presume the applicant actively
participated with his unit in ground combat with enemy forces during the
time he served in the ETO during World War II.  Therefore, it would be
appropriate and serve the interest of justice and equity to correct his
record to show his entitlement to the CIB.

4.  By regulation, members who received the CIB during WWII are entitled to
the BSM.  Given the applicant received the BSM during World War II, it
would be appropriate to correct his record and separation document to show
he is entitled the 1st Oak Leaf Cluster with his BSM based on entitlement
to the CIB.

5.  The evidence also shows that based on his service and campaign
participation in the ETO, he is entitled to the MUC, AOM with Germany
Clasp, and 1 silver service star with his European-African-Middle Eastern
Campaign Medal.  Thus, it would also be appropriate to add these awards to
this records.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___MKP _  __LWR _  __REB__  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 showing his entitlement
to the Combat Infantryman Badge, Bronze Star Medal with 1st Oak Leaf
Cluster, Army of Occupational Medal with Germany Clasp, Meritorious Unit
Commendation, and 1 silver service star with his already-awarded European-
African-Middle Eastern Campaign Medal; and by providing him a correction to
his separation document that includes these awards.

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 Silver Star and Air Medal.




                            _____Margaret K. Patterson___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060010786                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/03/15                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/12/02                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Demobilization                          |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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