RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         02 DECEMBER 2004
      DOCKET NUMBER:  AR2004105917


      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. Raymond Wagner                |     |Chairperson          |
|     |Mr. Thomas O'Shaughnessy          |     |Member               |
|     |Ms. Laverne Berry                 |     |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 award of the CAR (possibly meaning the Combat
Action Ribbon) and the Bronze Star Medal.

2.  The applicant states, in effect, that the awards were omitted from his
separation document.

3.  The applicant provides a copy of his separation document and a copy of
a June 1945 letter indicating that his unit had been awarded a “Meritorious
Service Unit Plaque.”

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 21 December 1945.  The application submitted in this case
is dated 5 February 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 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 requested correction of his records to show award of the
Bronze Star Medal.  There are no orders or other evidence authorizing award
of the Bronze Star Medal.  In the absence of a proper award authority for
this decoration, the applicant may request award of the Bronze Star Medal
under the provisions of Section 1130 of Title 10, United States Code.  The
applicant has been notified by separate correspondence of the procedures
for applying for this decoration under Section 1130 and, as a result, that
award will not be discussed further in the Record of Proceedings.

4.  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.

5.  The applicant entered active duty on 11 September 1942 and was
honorably discharged on 21 December 1945.  During his military service he
served in the European Theater of Operation between February 1944 and July
1945 and the Pacific Theater between August and November 1945.  His
separation document notes that he was assigned to the 33rd Signal
Construction Battalion for the duration of his overseas service.

6.  The 1945 letter, provided by the applicant in support of his request,
was authored by the Signal Officer, of the Office of the Signal Officer,
Headquarters, Third United States Army.  That letter indicated that the
33rd Signal Construction Battalion had been awarded the “Meritorious
Service Unit Plaque” in “Section IV, General Orders No. 148, this
headquarters, 22 June 1945.”  However, a review of Department of the Army
Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register)
does not indicate that the 33rd Signal Construction Battalion was awarded
any unit decorations during World War II.  It does, however, note that the
unit was awarded two Army of Occupation Medals, one with a “Germany” clasp
(2 May-5 July 1945) and one with a “Japan” clasp
(15 October 1945-30 January 1946).  The applicant’s separation document
does not reflect either of the occupation medals.

7.  The Combat Action Ribbon (CAR) was established in February 1969, and is
awarded to members of the Navy, Marine Corps and Coast Guard for combat
action service.

DISCUSSION AND CONCLUSIONS:

1.  It is not entirely clear from the applicant’s request if he was in fact
requesting award of the Combat Action Ribbon when he requested award of the
CAR.  However, there is no “CAR” in the Army’s inventory and if he did mean
to request the Combat Action Ribbon, that award was not established until
1969 and is awarded to Navy, Marine Corps, and Coast Guard personnel.

2.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the Board
Determination/Recommendation section below.

3.  Records show the applicant should have discovered the error or
injustice now under consideration on 21 December 1945, the date of his
separation from active duty.  However, the ABCMR was not established until
2 January 1947.  Therefore, the time for the applicant to file a request
for correction of any error or injustice expired on 1 January 1950.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___RW__  ___TO __  ___LB___  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.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show entitlement to the Army of Occupation Medal with
“Germany” and “Japan” clasps.




                                  ____ Raymond Wagner_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004105917                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041202                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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