RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 JUNE 2005
      DOCKET NUMBER:  AR20040006477


      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             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Joe Schroeder                 |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |Member               |
|     |Ms. Jeanette McCants              |     |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 his 1945 separation document be corrected
to reflect award of the Bronze Star Medal, the Army Good Conduct Medal, and
the World War II Victory Medal.

2.  The applicant states that he was released from active duty at a
military hospital in North Carolina and never received an Army Good Conduct
Medal or the World War II Victory Medal.  He states that he just recently
learned that Soldiers from World War II who had been awarded the Combat
Infantryman Badge were also entitled to the Bronze Star Medal.

3.  The applicant provides a copy of his separation document.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 6 September 1945.  The application submitted in this case
is dated
10 August 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 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.

4.  The applicant’s separation document indicates that he entered active
duty on 30 January 1943 and served in the European Theater of Operations
between December 1944 and May 1945.  He was awarded the Combat Infantryman
Badge in January 1945.

5.  On 6 September 1945 he was honorably discharged as a private first
class.  His separation document indicates that the highest grade he held
while on active duty was that of corporal and that he had no lost time
during his period of military service.

6.  Army Regulation 600-8-22 (Military Awards) provides that the Good
Conduct Medal is awarded to individuals who distinguish themselves by their
conduct, efficiency, and fidelity during a qualifying period of active duty
enlisted service.  The regulation states that, after 27 August 1940, three
years of qualifying service was required for award of the Good Conduct
Medal, but during the World War II era, the first award could be made based
on one year of qualifying service provided that service occurred between 7
December 1941 to 2 March 1946.  The current standard for award of the Good
Conduct Medal is 3 years of qualifying service, but as little as one year
is required for the first award in those cases when the period of service
ends with the termination of Federal military service.

7.  Army Regulation 600-8-22 also 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 such 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.  Awards of the Bronze Star Medal, based on the Combat
Infantryman Badge or Combat Medal Badge, are commonly referred to as a
conversion award.

8.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
World War II Victory Medal (WWII Victory Medal).  It is awarded for service
between
7 December 1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 6 September 1945.  Although his records are not
available, the information contained on his separation document suggests
that he served honorably and met the basic qualifications for award of the
Army Good Conduct Medal.  As such, it would be appropriate and in the
interest of equity to award him that decoration for the period 30 January
1943 through 6 September 1945.

2.  The evidence also shows that the applicant is entitled to a Bronze Star
Medal as a conversion award based on his Combat Infantryman Badge, and the
World War II Victory Medal.  His records should be corrected accordingly.

BOARD VOTE:

__JS____  ___LF___  ___JM __  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:

      a.  by awarding him the Army Good Conduct Medal for the period
30 January 1943 and 6 September 1945; and


      b.  by showing that he is entitled to a Bronze Star Medal as a
conversion award based on his Combat Infantryman Badge, and the World War
II Victory Medal.



                            ______Joe Schroeder_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040006477                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050628                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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