RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 March 2008
      DOCKET NUMBER:  AR20070015012


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Frank C. Jones                |     |Chairperson          |
|     |Ms. Carmen Duncan                 |     |Member               |
|     |Mr. Scott W. 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 requests that he be awarded the Combat Infantryman Badge
and the Bronze Star Medal.

2.  The applicant states that he served 171 days in combat during World War
II and he should have been awarded the Combat Infantryman Badge and the
Bronze Star Medal.

3.  The applicant provides his WD AGO Form 53-55 (Honorable Discharge and
Report of Separation).

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’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.

3.  The applicant enlisted in the Regular Army on 9 April 1941.  He arrived
in the European Theater of Operations on 16 December 1943.  He departed the
Theater on 1 March 1945.  On 10 July 1945, he was honorably discharged with
a certificate of disability.

4.  The applicant’s WD AGO Form 53-55 shows he was awarded the American
Defense Service Ribbon, the Good Conduct Ribbon, 3 battle stars, the Purple
Heart (for wounds received in the left side of the throat on 29 November
1944), the European African Middle-Eastern Theater Ribbon, and the “Pre
Pearl Harbor Ribbon.”
5.  Item 6 (Organization) of the applicant’s WD AGO Form 53-55 shows his
organization as Company (illegible), 28th Infantry Regiment.  In earlier
correspondence with the Department of the Army, he indicated he was in
Company M, 28th Infantry Regiment.  Item 30 (Military Occupational
Specialty and No.) shows his military occupational specialty as 745,
Rifleman.  Item         31 (Military Qualification and Date) shows he was
awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-1)
and the Expert Infantryman Badge (awarded on 24 July 1944).

6.  Item 32 (Battles and Campaigns) of the applicant’s WD AGO Form 53-55
shows his campaigns as “Northern French Campaign 15 Jul 1944,” “Normandy
Campaign Aug 1944,” and “German Campaign 17 Nov 1944.”

7.  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.  The Military Awards Branch of the
U.S. Army Human Resources Command 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)
    h.  Gun crewman (864)

8.  Army Regulation 600-8-22 (Military Awards) provides for award of the
Bronze Star Medal to any person who distinguished himself or herself by
heroic or meritorious achievement or service, not involving participation
in aerial flight, in connection with military operations against an armed
enemy.  It also provides for award of the Bronze Star Medal to members of
the armed forces who, after         6 December 1941 and prior to 3
September 1945, have been cited in orders or in a formal certificate for
meritorious or exemplary conduct in ground combat against the armed enemy.
A citation in orders for the Combat Infantryman Badge or Medical Badge
awarded in the field during the period of actual combat against the armed
enemy is considered as a citation for exemplary conduct in ground combat.

DISCUSSION AND CONCLUSIONS:

1.  The applicant had been awarded the Expert Infantryman Badge on 24 July
1944.  Since he was participating in the Northern French Campaign at that
time, it appears reasonable to presume that he was awarded this badge based
on satisfactory performance of duty in action against the enemy rather than
just for attaining certain proficiency standards.

2.  The applicant was wounded in action in November 1944.  Based upon those
wounds, it appears reasonable to presume that his performance of duty
subsequently met the standard of “exemplary conduct in action against the
enemy.”  Any reasonable doubt should be resolved in the applicant’s favor,
and it would therefore be appropriate to show he was awarded the Combat
Infantryman Badge.

3.  Based upon award of the Combat Infantryman Badge, the applicant is
eligible for award of the Bronze Star Medal.

BOARD VOTE:

__fcj___  __cd____  __swf___  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.  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 Combat Infantryman Badge;

     b.  awarding him the Bronze Star Medal based upon award of the Combat
Infantryman Badge; and
     c.  adding the Combat Infantryman Badge and the Bronze Star Medal
based upon award of the Combat Infantryman Badge to his WD AGO Form 53-55.




                            ____Frank C. Jones____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070015012                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0014                                |
|2.                      |107.0111                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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