RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 May 2007
      DOCKET NUMBER:  AR20060016180


      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      |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Hubert Fry                    |     |Chairperson          |
|     |Mr. Thomas O'Shaughnessy          |     |Member               |
|     |Mr. James Hastie                  |     |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 he be awarded the Combat Infantryman Badge
and the Combat Medical Badge.  He also inquires whether or not he is
entitled to the Combat Action Ribbon.

2.  The applicant states that he was assigned to the 44th Infantry
Division, 1st Army.  He states that after a few campaigns, his commanding
officer (CO) requested that he perform the duties of the medic that had
been wounded.  He states that after performing the duties of a medic for a
period of time, he was wounded; therefore, may be entitled to the Combat
Medical Badge.

3.  The applicant provides in support of his application, a copy of his
Enlisted Record and Report of Separation (WD AGO Form 53-55).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 25 September 1945.  The application submitted in this
case is dated 10 November 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 was inducted into the Army on 12 April 1943 and he
successfully completed his training as a general clerk.  The available
records indicate that he was also awarded a rifleman military occupational
specialty and that he qualified as a rifleman.

4.  The applicant was honorably discharged on 23 September 1945.  The Final
Pay Work Sheet that he was furnished shows that he was receiving combat
infantry pay while he was in the Army.




5.  The WD AGO Form 53-55 that he was furnished shows that he was assigned
to Company L, 47th Infantry, at the time of his discharge; and that he was
awarded the Asiatic-Pacific Campaign Medal, the European –African-Middle
Eastern Campaign Medal with two Bronze Service Stars, the Good Conduct
Medal, and the Purple Heart.  Additionally, block 31 (Military
Qualifications and Date) on his WD AGO Form 53-55 shows that he was awarded
the Combat Infantryman Badge.

6.  On 24 July 1979, the applicant was notified by the Director, Personnel
Services, Department of the Army Reserve Component Personnel Administration
Center, St. Louis, Missouri, that he was entitled to the Bronze Star Medal
based on award of the Combat Infantryman Badge, the World War II Victory
Medal, and the Honorable Service Lapel Button (WW II).  However, his
records were never amended to reflect these decorations.

7.  AR 600-8-22 (Military Awards) provides, in pertinent part, that the
Combat Medical Badge is awarded to medical department personnel (colonel
and below) who are assigned or attached to a medical unit of company or
smaller size that is organic to an infantry unit of brigade, regimental
or smaller size which is engaged in active ground combat.  Battle
participation credit is not sufficient; the infantry unit must have been
in contact with the enemy and the Soldier must have been personally
present and under fire during such ground combat.

8.  Department of Defense Instruction 1348.33 (Military Awards Program)
shows that the Combat Action Ribbon was authorized by the Secretary of the
Navy on 17 February 1969.  It is awarded to members of the U.S. Navy, the
U.S. Marine Corps and the U.S. Coast Guard operating under the control of
the U.S. Navy in the grade of 0-6 and below who have actively participated
in ground or surface combat.  The Department of Defense Instruction lists
the actions for which the Combat Action Ribbon is authorized beginning with
Southeast Asia (1 March 1961 and ending with Operation Desert Storm in
1991.

9.  Army Regulation 600-8-22 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.
10.  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.

11.  Honorable Service Lapel Button (World War II Victory Medal), a button
of
gold-color metal consists of an eagle perched within a ring composed of a
chief and 13 vertical stripes.  The button is 7/16-inch high and 5/8-inch
wide.  Eligibility requirements are honorable Federal military service
between 8 September 1939 and 31 December 1946.

DISCUSSION AND CONCLUSIONS:

1.  Errors were made during the preparation of the applicant's WD AGO
Form 53-55, which resulted in a number of his decorations being omitted.

2.  The applicant did not meet the criteria for award of the Combat Medical
Badge or award of the Combat Action Ribbon as prescribed in Department of
Defense Instruction 1348.33 and Army Regulation 600-8-22.  Therefore, his
is not entitled to either of these decorations and they were properly
omitted from his WD AGO Form 53-55.

3.  The available records do show that he was assigned to Company L,
47th Infantry; that he was receiving combat infantry pay; and that he was
awarded the Combat Infantryman Badge while he was on active duty in the
Army.  The Combat Infantryman Badge is currently reflected on his WD AGO
Form 53-55; therefore, there is no basis for granting this portion of the
applicant's request.

4.  The applicant is entitled to award of the Bronze Star Medal, based on
award of the Combat Infantryman Badge.  Additionally, the Bonze Star should
be included on his WD AGO Form 53-55.

5.  In accordance with the applicable regulation, the applicant is also
entitled to the World War II Victory Medal and the Honorable Service Lapel
Button (WW II) and both of these decorations should be included on his WD
AGO Form 53-55.

6.  In view of the foregoing, it would now be in the interest of justice to
correct the applicant's records as recommended below.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 23 September 1945.  However, the ABCMR
was not established until 2 January 1947.  As a result, 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; however, based on the available evidence or
argument, it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__HF  ___  __TO ___  ___JH __  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)  showing he was awarded the Bronze Star Medal, based on his having
been awarded the Combat Infantryman Badge during World War II;


      b)  awarding him the World War II Victory Medal for service between
7 December 1941 and 31 December 1946; and

      c)  awarding him the Honorable Service Lapel Button (WW II) for his
honorable Federal military service between 8 September 1939 and 31 December
1946, and amending his WD AGO Form 53-55 to reflects his decorations.

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
awarding him the Combat Infantryman Badge, the Combat Medical Badge and the
Combat Action Ribbon.




                            ______  Hubert Fry________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060016180                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070522                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS AND DECORATIONS         |
|2.  60                  |107.0014/BSM                            |
|3.  76                  |107.0030/CAR                            |
|4.  157                 |107.0111/CIB                            |
|5.  159                 |107.0113/CMB                            |
|6.  112                 |107.0066/WW II VICTORY MEDAL            |


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