RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      28 August 2007
      DOCKET NUMBER:  AR20070004996


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Paul M. Smith                 |     |Chairperson          |
|     |Mr. Rodney E. Barber              |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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 he be awarded the Combat
Infantryman Badge.

2.  The applicant states, in effect, that he was in combat action with the
22nd Infantry Regiment, 4th Infantry Division, in World War II, and fought
in the Battle of Hurtgen Forest and on 20 November 1944 he was wounded in
combat.

3.  In support of his application, the applicant submitted a copy of a self-
authored addendum to his DD Form 149, Application for Correction of
Military Record; a copy of his WD AGO Form 53-55, Enlisted Record and
Report of Separation – Honorable Discharge; a copy of his Honorable
Discharge Certificate; a copy of a letter he addressed to a fellow Soldier
who was inducted into the Army of the United States with him in April 1944;
a copy of the response he received from the fellow Soldier who was inducted
with him; and three listings showing the names of Soldiers, including the
name of the applicant, who became casualties of World War II.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

The applicant has named counsel; however, counsel has remained silent and
has provided no input.

CONSIDERATION OF EVIDENCE:

1.  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 also
allows the Army Board for Correction of Military Records (ABCMR) to
excuse an applicant’s failure to timely file within the 3-year statute of
limitations if the ABCMR determines it would be in the interest of
justice to do so.  While it appears the applicant did not file within the
time frame provided in the statute of limitations, the ABCMR has elected
to conduct a substantive review of this case and, only to the extent
relief, if any, is granted, has determined it is in the interest of
justice to excuse the applicant’s failure to timely file.  In all other
respects, there are insufficient bases to waive the statute of
limitations for timely filing.

2.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 1 April 1946, the date he was separated.  The
application submitted in this case is dated 21 March 2007.

3.  The applicant's military records are believed to have been lost or
destroyed in the National Personnel Records Center fire of 1973.
Information herein was obtained from the applicant's enlisted record and
report of separation and from other official Army sources.

4.  The applicant's available military records show he was inducted into
the Army of the United States, on 7 April 1944, and entered service at Fort
Sheridan, Illinois, on the same date.  The applicant was honorably
separated in the rank of Private First Class, on 1 April 1946.

5.  Item 30 (Military Occupational Specialty and No.), of the applicant's
WD AGO Form 53-55, shows he held the military occupational specialty (MOS)
931, (Heavy Truck Driver), while he served on active duty.

6.  Item 31 (Military Qualification and Date), of the applicant's WD AGO
Form 53-55, shows he was awarded the Marksman Marksmanship Qualification
Badge, with Rifle Bar.

7.  Item 32 (Battles and Campaigns), of the applicant's WD AGO Form 53-55,
shows he was given credit for participating in the Rhineland campaign of
World War II.

8.  The applicant's WD AGO Form 53-55 shows, in Item 33 (Decorations and
Citations), he was awarded the Purple Heart, the Good Conduct Medal, and
the European-African-Middle Eastern Campaign Medal.

9.  Item 34 (Wounds Received in Action), of the applicant's WD AGO Form
53-55, shows he was wounded in the ETO (European Theater of Operations)
on 1 December 1944.

10.  Item 36 (Service Outside Continental U.S. and Return), of the
applicant's WD AGO Form 53-55, shows he departed the United States on 20
September 1944 and arrived in the European Theater of Operations (ETO) on
26 September 1944.  The applicant departed the ETO on 16 March 1946 and
arrived in the United States on 27 March 1946.

11.  Item 55 (Remarks), of the applicant's WD AGO Form 53-55, shows he
was issued the Lapel Button [correctly known as the Honorable
Service/Discharge Emblem].

12.  AR 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.

13.  AR 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.

14.  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.

15.  Department of the Army (DA) Pamphlet 672-1, Unit Citation and Campaign
Participation Credit Register, shows that the applicant's unit, the 22nd
Infantry Regiment, 4th Infantry Division, was awarded the Presidential Unit
Citation, for the period 16 November 1944 through 4 December 1944, by War
Department Orders Number 37 dated 1946.  The applicant's unit was also
cited for award of the Belgian Fourragere for the periods 7 through 13
September and 16 through 21 December 1944, by Department of the Army
General Orders (DAGO) Number 43, dated 1950.  The applicant was present
with the unit during the time it was cited for this award during the latter
period.  The applicant's unit was also given credit for the occupation of
Germany for the period 2 May through 21 June 1945.

16.  AR 600-8-22 provides for award of the Belgian Fourragere.  This
regulation states that it may be awarded by the Belgian Government when a
unit has been cited twice in the Order of the Day of the Belgian Army.  The
award of the Belgian Fourragere is not automatic but must be by special
decree of the Belgian Government.  Persons who were present in only one
action are not authorized to wear the Fourragere.

17.  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 provided that the Combat Infantryman Badge
was to be awarded only to infantrymen
serving with infantry units of brigade, regimental or smaller size.
Additionally, World War II holders of the Combat Infantryman Badge
received a monthly pay
supplement known as combat infantry pay and holders of the Expert
Infantryman Badge were entitled to expert infantry pay.  Therefore,
Soldiers had economic as well as intangible reasons to ensure that their
records were correct.  Thus, pay records are frequently the best
available source to verify entitlement to this award.  The Military
Awards Branch of the US Army Human Resources Command, (USAHRC) has
advised in similar cases that, during World War II, the Combat
Infantryman Badge was normally awarded only to enlisted individuals who
served in the following positions:  a) Light machine gunner (604); b)
Heavy machine gunner (605), c) Platoon sergeant (651); d) Squad leader
(653); e) Rifleman (745); f) Automatic rifleman (746); g) Heavy weapons
NCO (812); and h) Gun crewman (864).  All Soldiers are provided basic
combat skills training after they enter the Army.  This is provided to
ensure that all Soldiers have the survival skills to perform basic
infantry missions when the need arises.  No other Soldier in combat is
more exposed on a daily basis to the dangers and hardships of war and no
other branch of the service suffers more casualties than the infantry.
To maintain the prestige, uniqueness, and traditional value of the Combat
Infantryman Badge, the criteria for award has changed little over the
years.  The opinion does note that the exigencies of combat may require
non-infantry Soldiers to temporarily perform the basic infantry duties
that all Soldiers are taught but it is not a basis for the award of
the Combat Infantryman Badge.

18.  AR 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.

19. AR 600-8-22 authorizes a bronze service star, based on qualifying
service, for each campaign listed in its Appendix B or listed in item 32 of
the WD AGO Form 53-55.  This regulation states that authorized bronze
service stars will be worn on the appropriate campaign or service medal
including the European-African-Middle Eastern Campaign Medal.

20.  The applicant's WD Form 372A, Final Payment - Work Sheet, dated 1
April 1946, is on file in his military personnel files.  This worksheet
shows he was not in receipt of combat infantry pay on the date of his
separation.

21.  In the letter the applicant addressed to his wartime buddy, he stated
he had been assigned to the 4th Infantry Division as a Rifleman.  He
describes the events that transpired after he was wounded on 1 December
1944 and his eventual return to the United States.

22.  The applicant's wartime buddy tailored his letter addressed, "To whom
it may concern" and included the details provided him by the applicant.  In
his letter, the wartime buddy writes about being assigned to an Infantry
unit; however, there is no mention of the MOS either had at the time.  The
wartime buddy recommends the applicant be awarded the Combat Infantryman
Badge as he states, "He richly deserves it and awarding him one at this
time, along with the bronze star that goes with it, will correct an
injustice of many years."

DISCUSSION AND CONCLUSIONS:

1.  The applicant, in the letter to his wartime buddy, told him he [the
applicant] was sent to the ETO as an Infantry Rifleman.  This, it appears,
would be information his wartime buddy would already be aware of.  The
applicant's records show he held the MOS of and served as a Heavy Truck
Driver while on active duty in World War II.  This MOS was not one which
was recognized through award of the Combat Infantryman Badge.

2.  Soldiers, who were holders of the Combat Infantryman Badge, during
World War II, received a monthly pay supplement known as combat infantry
pay.  The applicant's final payment worksheet, which was available for the
Board's review, shows the applicant was not in receipt of combat infantry
pay at the time he was separated from the Army of the United States.

3.  Based on the available evidence in this case, the applicant is not
entitled to award of the Combat Infantryman Badge and is therefore also not
entitled to award of the Bronze Star Medal which each individual was
awarded 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.

4.  The evidence shows the applicant was assigned to a unit at the time it
was awarded the Presidential Unit Citation.  He is therefore entitled to
award of the Presidential Unit Citation and to have it added to his WD AGO
Form 53-55.


5.  The applicant's unit was twice cited for award of the Belgian
Fourragere.  The evidence shows he was a member of the unit during one of
the times the unit was cited for this foreign unit award.  This foreign
unit award is not shown on his WD AGO Form 53-55.  He is entitled to this
foreign unit award and to have it added to his WD AGO Form 53-55.

6.  The evidence shows the applicant was assigned to a unit at the time it
was awarded credit for the occupation of Germany.  He is therefore entitled
to award of the Army of Occupation Medal, with Germany Clasp, and to have
it added to his WD AGO Form 53-55.

7.  The evidence show the applicant served in one campaign of World War II,
the Rhineland Campaign.  He is therefore entitled to award of one bronze
service star to be affixed to his European-African-Middle Eastern Campaign
Medal and to have it added to his WD AGO Form 53-55.

8.  The evidence shows the applicant served 1 year, 6 months, and 8 days in
an overseas area, including the month of his departure from the United
States and the month of his arrival back in the United States.  He is
therefore entitled to award of three overseas service bars and to have
these bars added to his WD AGO Form 53-55.

9.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’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 BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__PMS __  _RB ____  ___RCH_  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  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 administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by:

      a.  deleting the European-African-Middle Eastern Campaign Medal from
the applicant's WD AGO Form 53-55;

      b.  awarding the applicant the European-African-Middle Eastern
Campaign Medal, with one bronze service star, and adding this award to his
WD AGO Form 53-55;

      c.  awarding the applicant the World War II Victory Medal and the
Army of Occupation Medal, with Germany Clasp, for his participation in
World War II and for his participation in the occupation of Germany, and
adding these awards to his WD AGO Form 53-55;

      d.  awarding the applicant the Presidential Unit Citation and adding
this unit award to his WD AGO Form 53-55;

      e.  awarding the applicant the Belgian Fourragere and adding the
entry, “Belgian Fourragere – Unit Citation – No Emblem Authorized” to item
55 (Remarks) of his WD AGO Form 53-55; and

      f.  awarding the applicant three overseas service bars and adding
these bars to his WD AGO Form 53-55.




                                  ______________________
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20070004996                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070828                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY, With Note                         |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |107.0111                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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