RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 October 2007
      DOCKET NUMBER:  AR20070007434


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

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. James E. Anderholm            |     |Member               |
|     |Mr. Joe R. Schroeder              |     |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 Enlisted Record and Report
of Separation (WD AGO Form 53-55) be corrected to show that when he was in
the Army, his military occupational Specialty (MOS) was that of a litter
bearer.  He further requests that the Combat Action Badge and any other
medals to which he is entitled, be placed on his WD AGO Form 53-55.

2.  The applicant states that he was a litter bearer during World War II
until he was diagnosed with battle fatigue.  He states that his military
records prove that he was in action against a foreign enemy by carrying
wounded from the front lines to the rear so that they could get the medical
attention they needed.

3.  The applicant provides in support of his application a copy of his WD
AGO Form 53-55; a copy of his Soldier's Qualification Card; a copy of a
letter from a doctor at the Decatur Internal Medicine Center dated 2 May
2007, attesting to his present conditions; and a doctor's note dated 13
July 2006, written on a prescription pad providing a prognosis of his
conditions.

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 was inducted into the Army and entered active service on
25 February 1943.  His records show that upon completion of his training,
he was awarded a litter bearer MOS on 1 September 1943, and that he held a
litter bearer MOS until he was classified as a light truck driver on 1
November 1943.

3.  The applicant's records show that he was promoted to the rank of
private first class on 19 July 1945 and he was promoted to the rank of
corporal on 23 April 1946.

4.  The applicant was honorably discharged in the rank of private on 15
February 1947, for the convenience of the Government, as a result of
demobilization.

5.  The WD AGO Form 53-55 that he was furnished at the time of his
discharge shows that he participated in two campaigns and that he was
awarded the European-African-Middle Eastern Campaign Medal, the Good
conduct Medal, and the World War II Victory Medal.  His WD AGO Form 53-55
also shows that he was issued an Army Lapel Button.

6.  A review of the available records fails to show that the applicant is
entitled to award of the Combat Action Badge.

7.  On 2 May 2005, the Chief of Staff of the Army approved the creation of
the Combat Action Badge to provide special recognition to Soldiers who
personally engaged, or are engaged by, the enemy.

8.  Army Regulation 600-8-22 (Military Awards) states the requirements for
award of the Combat Action Badge are branch and MOS immaterial.  Assignment
to a combat arms unit or a unit organized to conduct close or offensive
combat operations, or performing offensive combat operations is not
required to qualify for the Combat Action Badge.  However, it is not
intended to award the Combat Action Badge to all Soldiers who serve in a
combat zone or imminent danger area.  The Soldier must be performing
assigned duties in an area where hostile fire pay or imminent danger pay is
authorized.  The Soldier must be personally present and actively engaging
or being engaged by the enemy, and performing satisfactorily in accordance
with the prescribed rules of engagement.  The Soldier must [not] be
assigned or attached to a unit that would qualify the Soldier for the
Combat Infantryman Badge or the Combat Medical Badge.

9.  Army Regulation 600-8-22 also states that award of the Combat Action
Badge is authorized from 18 September 2001 to a date to be determined.
Award for qualifying service in any previous conflict is not authorized.
Retroactive awards of the Combat Action Badge are not authorized prior to
18 September 2001.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
American Campaign Medal.  This campaign medal is awarded for qualifying
service in the American Theater between 7 December 1941 and 2 March 1946.
Qualifying service for this campaign medal includes permanent assignment
outside the continental United States but within the American Theater of
Operations, duty as a crewmember aboard a vessel sailing ocean waters for
30 consecutive or 60 nonconsecutive days, or duty outside the continental
United States as a passenger or in a temporary duty status for 30
consecutive or 60 nonconsecutive days, or active combat against the enemy
and was awarded a combat decoration or furnished a certificate by a corps
commander or higher, or service within the continental United States for an
aggregate period of one year.

11.  Army Regulation 600-8-22 (Military Awards), in pertinent part,
authorizes award of a bronze service star, based on qualifying service, for
each campaign listed in Appendix B of this regulation and states that
authorized bronze service stars will be worn on the appropriate service
medal.

12.  War Department Technical Manual (TM) 12-235 (Enlisted Personnel -
Discharge and Release from Active Duty), dated January 1945, provided
uniform procedures in discharging or releasing personnel from active duty.
The instructions for completing the Report of Separation (WD AGO Form 53-
55) states that the form is completed from the Service Record, Soldier's
Qualification Card, Immunization Register, and information ascertained by
interview with the dischargee.  The instructions for completing Item 30
(Military Occupational Specialty and No.) state to enter the military
occupational specialty title and corresponding number held at the time of
separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is not entitled to the Combat Action Badge.  As
previously indicated, the Chief of Staff of the Army approved the creation
of the Combat Action Badge on 2 May 2005 to provide special recognition to
Soldiers who personally engaged, or are engaged by, the enemy.

2.  In accordance with Army Regulation 600-8-22 the Combat Action Badge is
authorized from 18 September 2001 to a date to be determined.  The
applicant's service does not fall within the dates of eligibility.
Therefore, he is not entitled to the Combat Action Badge.

3.  Although the applicant was originally awarded the MOS of litter bearer,
at the time of his separation he was serving under the MOS of light truck
driver, which had been awarded to him on 1 November 1943.  Accordingly,
that entry is appropriately entered in block 30 of his WD AGO Form 53-55.

4.  His records do show that he is entitled to the American Campaign Medal
based on his service in the American Theater between 7 December 1941 and
2 March 1946.  His records show that he served in two campaigns during this

period of overseas service.  He is entitled to two bronze service stars to
be affixed to his European-African-Middle Eastern Campaign Medal.
Therefore, these decorations should be included on his WD AGO Form 53-55.

5.  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

__JRS___  __JEA___  __SLP__  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 to show that he was awarded the American Campaign Medal and two
bonze service stars to be affixed to his European-African-Middle Eastern
Campaign Medal.




                                  _____Shirley L. Powell_____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20070007434                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20071016                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS AND DECORATIONS         |
|2.  1060                |107.0143/COMBAT ACTION BADGE            |
|3.  1                   |110.0400/ADD APPROVED AWARDS            |
|4.  6                   |100.0500/CHANGE OF MOS                  |
|5.  189                 |110.0000/SEPARATION DOCUMENT            |
|6.                      |                                        |


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