RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 December 2007 DOCKET NUMBER: AR20070011143 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. Joyce A. Wright Analyst The following members, a quorum, were present: Mr. Jeffrey Redmann Chairperson Mr. John Heck Member Mr. Qawiy A. Sabree 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, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Presidential Unit Citation. 2. The applicant states, in effect, that orders were not published prior to his discharge. 3. The applicant provides a copy of his WD AGO Form 53-55 and orders awarding his unit the Presidential Unit Citation in support of his request. 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 were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was inducted and entered active duty on 13 April 1944. He served in the European Theater of Operations (ETO) from 23 November 1944 to 21 August 1945. While in service, he served in military occupational specialty 745, as a Rifleman. He was honorably separated on 8 February 1946. 3. The applicant’s WD AGO Form 53-55 shows that he was credited with participation in three campaigns of World War II. He was awarded the Purple Heart; the Good Conduct Medal; the American Campaign Medal; the European-African-Middle Eastern Campaign Medal, with three bronze service stars; the World War II Victory Medal; the Sharpshooter Marksmanship Qualification Badge, with Carbine Bar; the Expert Infantryman Badge; and the Combat Infantryman Badge. His WD AGO Form 53-55 does not show any additional awards.  4. Item 4 (Arm or Service), of the applicant's WD AGO Form 53-55, shows that he was an Infantry Soldier and item 6 (Organization) shows Company I, 417th Infantry Regiment, 76th Infantry Division, as his last unit of assignment. 5. The applicant provided a copy of War Department General Orders 19, dated 10 February 1947, which awarded the 417th Infantry Regiment the Presidential Unit Citation. 6. Army Regulation 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. This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II. 7. Department of the Army Pamphlet 672-1 shows, among other information, occupation credit awarded to units during World War II. This document shows the unit to which the applicant was assigned, Company I, 417th Infantry Regiment, 76th Infantry Division, was awarded occupational credit for the occupation of Germany for the period from 2 May 1945 to 4 September 1945. DISCUSSION AND CONCLUSIONS: 1. The evidence provided by the applicant shows that his unit was awarded the Presidential Unit Citation by War Department General Orders Number 19, dated 1947. Therefore, he is entitled to award of the Presidential Unit Citation and to have this award added to his WD AGO Form 53-55. 2. The evidence shows the applicant was awarded the Combat Infantryman Badge during World War II. Based upon the special provisions of the awards regulation which considers award of the Combat Infantryman Badge a citation in orders, the applicant is entitled to award of the Bronze Star Medal and to have this award added to his WD AGO Form 53-55. 3. The evidence of record shows that the applicant's unit of assignment served a period of qualifying service for award of the Army of Occupation Medal, with Germany Clasp. He is therefore entitled to correction of his records to show this award. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __QS ___ __JR____ __JH ___ 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 awarding the applicant the Presidential Unit Citation; the Bronze Star Medal, based on award of the Combat Infantryman Badge; and the Army of Occupation Medal, with Germany Clasp, and adding these awards to his WD AGO Form 53-55. ____Jeffrey C. Redmann_________ CHAIRPERSON INDEX CASE ID AR20070011143 SUFFIX RECON YYYYMMDD DATE BOARDED 20071213 TYPE OF DISCHARGE HD DATE OF DISCHARGE 19460208 DISCHARGE AUTHORITY AR 615-365 DISCHARGE REASON BOARD DECISION GRANT REVIEW AUTHORITY ISSUES 1. 107 2. 3. 4. 5. 6.