RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      14 February 2006
      DOCKET NUMBER:  AR20050007154


      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. Carl W. S. Chun               |     |Director             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Jennifer L. Prater            |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. Robert W. Soniak              |     |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, to have his WD AGO Form 53-55,
Enlisted Record and Report of Separation – Honorable Discharge, corrected.

2.  The applicant states, in effect, that he believes that his WD AGO Form
53-55 was not completed correctly at the Separation Center, Fort Sheridan,
Illinois.  He states they did not pull his records from the Army at that
time.

3.  In a letter attached to his application to the Board, the applicant
points out the specific errors that he detected.  He asks in his letter to
the Board that the following items on the WD AGO Form 53-55 be corrected:

      a.  Item 4 (Arm or Service), he states, should read, "Infantry DEML"

      b.  Item 6 (Organization).  The applicant states he served in Company
C, 127th Infantry Regiment, 32nd Infantry Division, and was wounded in the
Buna Campaign.

      c.  He explains that after he returned to his company, he was acting
platoon sergeant and because he was not fully recovered from his wounds, he
was transferred to limited duties in the Adjutant General (AG) Publication
Depot.

      d.  Item 10 (Date of Birth) should be 29 December 1918.

      e.  Item 17 (Number of Dependents) should be 2 (a wife and a son).

      f.  Item 19 (Marital Status) should be "married."

      g.  Item 30 (Military Occupational Specialty (MOS) and Number) should
be, in effect, those shown on his WD AGO Form 100, Army Separation
Qualification Record.  This form shows the applicant held the MOS 745
(Rifleman), for 1 year; the MOS 604 (Light Machine Gunner), for 1 year and
6 months; and the MOS 835 (Stock Clerk), for 1 year and 6 months.

      h.  Item 33, the applicant states, does not include all the awards he
is entitled to.  In comparing his listing of awards to those in Item 33,
the Bronze Star Medal, the American Campaign Medal, the World War II
Victory Medal, and the Combat Infantryman Badge, are not shown.

      i.  Item 36 (Service Outside Continental U.S. and Return) should show
he served in the Pacific Theater of Operations (PTO) and not the European
Theater of Operations (ETO).

4.  The applicant provides a copy of his WD AGO Form 53-55, a copy of his
Honorable Discharge Certificate, and four other documents in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors, which
occurred on 13 August 1945, the date he was separated from active duty.
The application submitted in this case is dated 28 April 2005.

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 limitation 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 record shows that he was inducted into the Army of the
United States on 25 April 1941.  He was inducted at Detroit, Michigan, and
he entered service on the same date.

4.  The applicant was honorably separated from active duty, on 13 August
1945, under the provisions of Army Regulation (AR) 615-365, for the
convenience of the Government, at demobilization.  He was separated in the
rank of Sergeant.  On the date he was separated, he had completed 1 year, 1
month, and 8 days of continental service; and 3 years, 2 months, and 11
days of foreign service.

5.  Item 33 (Decorations and Citations), of the applicant's WD AGO Form 53-
55, shows he was awarded:  the Good Conduct Medal; the Purple Heart; the
American Defense Service Ribbon [now known as the American Defense Service
Medal]; the Asiatic-Pacific Theater Ribbon, with two bronze battle stars
[now known as the Asiatic-Pacific Campaign Medal, with two bronze service
stars]; the Distinguished Unit Badge [now known as the Presidential Unit
Citation]; six overseas service bars; and one service stripe.

6.  Item 4 (Arm or Service), of the applicant's WD AGO Form 53-55, shows
the abbreviation, "DEML," for demolitions.  The applicant claims to have
been an infantry Soldier.

7.  Item 6 (Organization), of the applicant's WD AGO Form 53-55, shows the
entry, "AG PUBL Depot."  The applicant alleges he was assigned to Company
C, 127th Infantry Regiment, 32nd Infantry Division.

8.  Item 17 (No. Dependents), of the applicant's WD AGO Form 53-55,
incorrectly shows 0 (zero).  The applicant states he had a wife and son and
therefore the number should be, "2."

9.  Item 19 (Marital Status), of the applicant's WD AGO Form 53-55, has
been checked "single"; however, the applicant states, he was married.

10.  The applicant was awarded the Purple Heart, by General Orders Number
2, Headquarters, 105th General Hospital, United States Army Services of
Supply, dated 2 March 1943, for wounds received in action near Buna, New
Guinea, on 31 December 1942.  These General Orders show the applicant was
assigned to Company C, 127th Infantry.  These orders also show the name and
address of the applicant's wife who at the time resided in Detroit,
Michigan.  The Purple Heart is already shown on his WD AGO Form 53-55.

11.  Item 10 (Date of Birth), of the applicant's WD AGO Form 53-55, shows
the entry, 29 December 1919.  The applicant states that his correct date of
birth is 29 December 1918.

12.  The World War II Army Enlistments Records for the Period 1938 through
1946, a data base maintained by the U.S. National Archives and Records
Administration, show the applicant's year of birth to be 1919.

13.  The State of Michigan, Department of State – Division of Vital
Statistics, in the birth certificate the applicant submitted to support the
request for correction, shows the applicant was born on 29 December 1918.

14.  Item 30 (Military Qualification and Date), of the applicant's WD AGO
Form 53-55, shows the entry, "Stock Clerk - 835."  The applicant states he
was a qualified rifleman (MOS:  745) and light machine gunner (MOS:  604),
as well as being a stock clerk.
15.  Item 31 (Military Qualification and Date), of the applicant's WD AGO
Form 53-55, shows the entry, "None."

16.  Item 33 (Decorations and Citations), of the applicant's WD AGO Form
53-55, shows he was awarded:  the Good Conduct Medal; the Purple Heart;
the American Defense Service Ribbon [now known as the American Defense
Service Medal]; the Asiatic-Pacific Theater Ribbon, with two bronze
battle stars [now known as the Asiatic-Pacific Campaign Medal, with two
bronze service stars]; the Distinguished Unit Badge [now known as the
Presidential Unit Citation]; six overseas service bars; and one service
stripe.

17.  The applicant states Item 33 does not include all the awards he is
entitled to. In comparing his listing of awards to those in Item 33 (along
with conversions and corrections), the Bronze Star Medal, the American
Campaign Medal, the World War II Victory Medal, and the Combat Infantryman
Badge are not shown.

18.  Item 36 (Service Outside Continental U.S. and Return) shows that the
applicant departed the United States on 22 April 1942 and arrived in the
European Theater of Operations (ETO) on 14 May 1942.  The applicant
departed the theater of operations on 14 June 1945 and arrived in the
United States on 2 July 1945.  The applicant states he did not serve in
the ETO.  He served in the Pacific Theater of Operations (PTO).

19.  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.  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:  Light machine gunner
(604), Heavy
machine gunner (605), Platoon sergeant (651), Squad leader (653), Rifleman
(745), Automatic rifleman (746), Heavy weapons NCO (812), and 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.

20.  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.

21.  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.

22.  AR 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.
23.  Department of the Army (DA) Pamphlet 672-1, Unit Citation and Campaign
Participation Credit Register, shows that the applicant's unit, Company C,
127th Infantry Regiment, 32nd Infantry Division, was awarded the Philippine
Republic Presidential Unit Citation, for the period 7 December 1941 through
10 May 1942, by Department of the Army General Orders (DAGO) Number 47,
dated 1950.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's WD AGO Form 100 shows the applicant served in an
Infantry MOS for 2 years and 6 months.  The evidence also shows he was
wounded in action and apparently was not able to continue to serve as a
combat infantryman.

2.  Even though the applicant was serving as a stock clerk on his
separation date, it would be appropriate, and in the interest of equity and
justice, to show the branch, "Infantry" in Item 4, of his WD AGO Form 53-
55.

3.  The applicant's WD AGO Form 53-55 shows, in Item 6, he was assigned
to the Adjutant General Publication Depot on the date of his separation.
The applicant was assigned to this unit, by his testimony, because after he
returned to his company, he was not fully recovered from his wounds.  He
added that he was transferred to limited duties in the Adjutant General
(AG) Publication Depot and hence, this unit became his unit of assignment.

4.  The evidence shows the applicant remained with this unit and was
awarded the MOS of stock clerk in this unit.  The applicant suggested in
his request to the Board that a modified entry, "Company C, 127th Infantry,
and AG Publications Depot" be entered in Item 6.  Again, as for Item 4, and
in the interest of equity and justice, it would be appropriate to grant an
exception to the policy in effect at the time of the applicant's separation
and approve the request for correction of this item.

5.  The certified copy of the birth certificate the applicant provided in
support of his request shows he was born on 29 December 1918.  It appears
at the time the applicant registered with the Selective Service Board he
did not have a birth certificate in his possession and he reported the
wrong birth year.  Since there is nothing to be gained by the applicant
with correction of his date of birth, correction of his date of birth on
the WD AGO Form 53-55 to 29 December 1918 is appropriate.
6.  Item 17 and 19 of the applicant's WD AGO Form 53-55 are related.  These
items show he had no dependents and he was single; however, the text of
General Orders by which he was awarded the Purple Heart listed his wife as
his next of kin.  Because of the applicant's credible request and
testimony, a correction to the applicant's separation record to change the
number of his dependents from "0" to "2" and his marital status from
"single" to "married" is appropriate.

7.  The evidence shows the applicant received basic infantryman training.
He held the MOS 745 (Rifleman) and 604 (Light Machine Gunner).  He held
each of these MOS for a year or more.  Therefore, it would be appropriate
to add these MOS to item 30 of his WD AGO Form 53-55.

8.  The applicant's WD AGO Form 53-55 does not show the Combat
Infantryman Badge being awarded to him.  The evidence shows the applicant
was assigned to an infantry regiment, performing duties in an infantry
MOS, and he was wounded in action against the enemy while performing
these duties.  The applicant is therefore entitled to award of the Combat
Infantryman Badge and to have it added to his WD AGO Form 53-55.

9.  With award of the Combat Infantryman Badge to the applicant in these
Proceedings, and based on the special provisions of the awards regulation
which considered award of the Combat Infantryman Badge to be a citation in
orders, the applicant is therefore entitled to award of the Bronze Star
Medal and to have this award added to his WD AGO Form 53-55.

10.  The evidence shows the applicant was wounded in New Guinea.  He was
awarded the Asiatic-Pacific Campaign Medal, with two bronze service
stars.  It is clear the destination recorded in Item 36, of the
applicant's WD AGO Form 53-55, showing he served in the ETO was clearly
an error and PTO should have been entered in its place.  Therefore, it
would be appropriate to correct this error.

11.  The applicant served on active duty during the qualifying period for
award of the World War II Victory Medal.  He is therefore entitled to award
of the World War II Victory Medal and to have this award added to his WD
AGO Form 53-55.

12.  The evidence shows the applicant served in the American Theater of
Operation for an aggregate period of more than one year during the
qualifying period.  The applicant is therefore entitled to award of the
American Campaign Medal and to have it added to his WD AGO Form 53-55.

13.  The applicant served with the 127th Infantry Regiment at the time it
was awarded the Philippine Republic Presidential Unit Citation.  He is
therefore eligible for award of this unit citation and to have it shown on
his WD AGO Form 53-55.

BOARD VOTE:

jlp _____  __D______  ___RwS   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 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.  deleting the entry "DEML" from Item 4, of the applicant's WD AGO
Form 53-55, and entering "Infantry" in its place;

      b.  correcting Item 6, of the applicant's WD AGO Form 53-55, to show:
 Company C, 127th Infantry Regiment and Adjutant General Publications
Depot;

      c.  correcting Item 10, of the applicant's WD AGO Form 53-55, to show
his correct date of birth, 29 December 1918;

      d.  correcting Item 17, of the applicant's WD AGO Form 53-55, to show
he had 2 dependents;

      e.  correcting Item 19, of the applicant's WD AGO Form 53-55, to show
he was married;

      f.  adding the MOS Rifleman – 745 and Light Machine Gunner – 604 to
Item 30, of the applicant's WD AGO Form 53-55;

      g.  awarding the Combat Infantryman Badge to the applicant with an
effective date of 31 December 1942 and adding this military qualification
to Item 31, of the applicant's WD AGO Form 53-55;

      h.  awarding the applicant the World War II Victory Medal, the
American Campaign Medal, and the Philippine Republic Presidential Unit
Citation, and adding these awards to the applicant's WD AGO Form 53-55;

      i.  awarding the applicant the Bronze Star Medal, based on award of
the Combat Infantryman Badge, and adding this award to his WD AGO Form 53-
55; and

      j.  correcting the entry "ETO" to read, "PTO" found in Item 36, of
the applicant's WD AGO Form 53-55.




                            ____Jennifer L. Prater____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050007154                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060214                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.   189                |110.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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