RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 MARCH 2005
      DOCKET NUMBER:  AR20040003514


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin Meyer                  |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Ms. Susan Powers                  |     |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 the records of her deceased husband, a
former servicemember (FSM) be corrected to show award of the Bronze Star
Medal and the Distinguished Unit Citation (now the Presidential Unit
Citation).

2.  The applicant states that her husband did not talk about his
experiences.  The Department of Veterans Affairs (VA) noticed the
omissions.

3.  The applicant provides a copy of the FSM’s WD AGO Form 53-55 (Enlisted
Record and Report of Separation), and a copy of the document showing the
World War II history of the 70th Infantry Division.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 27 February 1946.  The application submitted in this case
is dated 24 June 2004.

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 FSM was inducted into the Army on 21 January 1943, and served in
the European Theater of Operations with the 275th Infantry Regiment of the
         70th Infantry Division during World War II, arriving in that
theater in December 1944 and returning to the United States in February
1946.  He was discharged at Fort McPherson, Georgia on 27 February 1946.
He was awarded the American Service Medal, Good Conduct Medal, World War II
Victory Medal, European-African-Middle Eastern Service Medal with two
bronze service stars, and the Combat Infantryman Badge.

4.  The FSM continued his military service, enlisting in the Army Reserve
and on 13 December 1969 he transferred to the Retired Reserve with more
than          20 qualifying years of service for retired pay.

5.  On 24 June 1982 the FSM was awarded the Bronze Star Medal for
meritorious achievement during the period 15 December 1944 to 2 September
1945.

6.  The document showing the World War II history of the 70th Infantry
Division shows award of the Distinguished Unit Citation.

7.  The Unit Citation and Campaign Participation Credit Register lists
those World War II units that were awarded campaign participation credit,
assault landing credit, unit citation emblems, and occupation duty credit.
That register shows that the 275th Infantry Regiment was an occupation
force in Germany from 2 May 1945 to 4 September 1945.  It does not show
award of the Distinguished Unit Citation to either the 70th Infantry
Division or the 275th Infantry Regiment; however, that register does show
that the 2nd Battalion of the 274th Infantry Regiment, a sister regiment of
the 275th, was awarded the Distinguished Unit Citation.

8.  Army Regulation 600-8-22 provides for the award of the Army of
Occupation Medal for service in Germany between 9 May 1945 and 5 May 1955.
Soldiers who served in the European Theater during the occupation of Europe
will wear the clasp inscribed “Germany.”

DISCUSSION AND CONCLUSIONS:

1.  The FSM was awarded the Bronze Star Medal.  His record should be
corrected to reflect that award.

2.  The FSM served in the European Theater of Operations from December 1944
until his return to the United States in February 1946.  He is entitled to
award of the Army of Occupation Medal with Germany clasp.

3.  The document submitted by the applicant only shows that the 70th
Infantry Division, or an organization of that division, was awarded the
Distinguished Unit Citation.  As indicated by the above-mentioned credit
register neither the         70th Infantry Division nor the 275th Infantry
Regiment was awarded the Distinguished Unit Citation; however, a battalion
of the 274th Infantry Regiment, also a 70th Infantry Division organization,
was awarded that citation.  The document obviously makes reference to an
award of the Distinguished Unit Citation earned by the 274th Infantry
Regiment battalion.  The FSM served with the 275th Infantry Regiment.
Consequently, he cannot be awarded the            Presidential Unit
Citation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__MM___  ___PM   _  ___SP __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 showing award of the
Bronze Star Medal and the Army of Occupation Medal with Germany clasp.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Presidential Unit Citation.




                            ______Melvin Meyer_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040003514                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050329                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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