RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         14 March 2006
      DOCKET NUMBER:  AR20050010979


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Mr. Larry W. Racster              |     |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, award of the Combat Infantryman
Badge (CIB) and Bronze Star Medal (BSM).

2.  The applicant states, in effect, that when he was reissued his awards,
these two were not included.

3.  The applicant provides his Separation Document (WD AGO Form 53-55) and
Separation Qualification Record (WD AGO Form 100) in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 7 November 1945.  The application submitted in this case
is dated 20 July 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 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’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.  This case is being
considered using reconstructed records, which primarily consist of the
applicant's WD AGO Form 53-55 and WD AGO Form 100.

4.  The applicant’s WD AGO Form 53-55 shows he was inducted into the Army
and entered active duty on 20 February 1943.  It also shows that he served
in the European Theater of Operations (ETO) from 4 November 1943 through 22
October 1945, and was credited with participating in the Naples-Foggia,
Northern Appennines, and Po Valley campaigns.

5.  Item 30 (Military Occupational Specialty and No) of the applicant's WD
AGO Form 53-55 shows that he held the military occupational specialty (MOS)
345 (Truck Driver).  Item 31 (Military Qualifications) shows he received
the Driver's Badge and Marksman Qualification Badge with Rifle Bar;
however, it does not indicate that he received the CIB.  Item 33
(Decorations and Awards) shows he earned the following awards during his
active duty tenure: European-African-Middle Eastern (EAME) Campaign Medal,
Army Good Conduct Medal (AGCM), American Campaign Medal; and World War II
Victory Medal.  The applicant authenticated this document with his
signature in Item 56 (Signature of Person Being Separated) on 7 November
1945, the date of his separation.

6.  The applicant's WD AGO Form 100 he served in MOS 345 as a truck driver
for 20 months.  It also states that he drove a 1/4 ton jeep in Italy under
blackout conditions and over rough and unfamiliar terrain, and that he
performed minor repairs using hand tools.  The applicant authenticated this
document with his signature on the date of his separation.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy,
criteria, and administrative instructions concerning individual military
awards.  Paragraph 3-13d (2) of the awards states, in effect, that the BSM
is authorized to members of the Armed Forces of the United States who,
after 6 December 1941, were cited in orders or awarded a certificate for
exemplary conduct in ground combat against an armed enemy between 7
December 1941 and 2 September 1945.  This paragraph also stipulates that
for this purpose, an award of the CIB is considered as a citation in
orders.

8.  War Department Circular 269-1943 established the CIB and Expert
Infantryman Badge (EIB) to recognize and provide an incentive to
infantrymen.  The EIB was to be awarded for attainment of certain
proficiency standards or by satisfactory performance of duty in action
against the enemy.  The CIB was awarded for exemplary conduct in action
against the enemy.  War Department Circular 186-1944 further provided that
the CIB was to be awarded only to infantrymen serving with infantry units
of brigade, regimental or smaller size.  Additionally, World War II holders
of the CIB received a monthly pay supplement known as combat infantry pay
and holders of the EIB were entitled to expert infantry pay.  Therefore,
Soldiers had economic as well as intangible reasons to ensure that their
records were correct.

9.  The Military Awards Branch of the US Army Human Resources Command,
(USAHRC) has advised in similar cases that during World War II the CIB was
normally awarded only to enlisted individuals who served in the following
infantry positions: Light Machine Gunner (604); Heavy Machine Gunner (605);
Platoon Sergeant (651); Squad Leader (653); Rifleman (745); Automatic
Rifleman (746); Heavy Weapons Noncommissioned Officer (NCO) (812); and Gun
Crewman (864).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the CIB and BSM, and the
supporting documentation he submitted were carefully considered.  However,
there is insufficient evidence to support his contention.

2.  By regulation, in order to qualify for the CIB, a member must hold and
served in an infantry MOS, be serving in an infantry unit of brigade,
regimental or smaller size, and must have been present and actively
participated in ground combat while the unit was engaged in ground combat
with enemy forces.  During World War II, the CIB was normally only awarded
to members serving the following infantry positions and MOSs:  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).
3.  The evidence shows that the applicant held the MOS 345 (Truck Driver)
on the date of his separation.  Item 31 does not include the CIB and Item
33 does not include the BSM.  Further, his WD AGO Form 100 confirms he
served in MOS 635 as a jeep driver in the ETO.  The applicant authenticated
both of these separation documents on the date of his release from active
duty.  His signature, in effect, was his verification that the information
contained on the forms was correct at the time they were prepared and
issued.  Absent any orders awarding him the CIB, he is not entitled to this
award.  Further, he is not eligible for the BSM that would have been
authorized had he earned the CIB.

4.  Records show the applicant should have discovered the alleged error or
injustice related to award of the CIB and BSM now under consideration on 7
November 1945, the date of his separation.  Therefore, based on the date
the Board was established 2 January 1947, the time for him to file a
request for correction of any error or injustice expired on 1 January 1950.
 He failed to file within the 3-year statute of limitations and has not
provided a compelling explanation or evidence to show that it would be in
the interest of justice to excuse failure to timely file in this case.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___KAN  _  ___LCB_  __LWR__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  _____Kathleen A. Newman______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050010979                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/03/14                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/11/07                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Demobilization                          |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]