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ARMY | BCMR | CY2004 | 20040000653C070208
Original file (20040000653C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         06 JANUARY 2005
      DOCKET NUMBER:  AR20040000653


      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. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Richard Dunbar                |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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, that his 1945 separation document be
corrected to reflect award of a third Bronze Star Medal, the Belgian
Fourragere, a Presidential Unit Citation, and four bronze service stars on
his European-African-Middle Eastern Campaign Medal, vice the three
currently shown.  He also asks that his separation document be corrected to
show that he participated in the Ardennes Campaign.

2.  The applicant states the awards were omitted from his separation
document.

3.  The applicant provides a copy of a 1958 letter awarding him his third
Bronze Star Medal (Bronze Star Medal with second Oak Leaf Cluster) based on
his World War II award of the Combat Infantryman Badge, and copies of
Department of the Army General orders awarding his unit the Presidential
Unit Citation and the Belgian Fourragere.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 4 December 1945.  The application submitted in this case
is dated
13 April 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’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 entered active duty on 3 March 1942 and arrived in the
European Theater of Operations in June 1944.  He was assigned to the 38th
Armored Infantry Battalion and awarded the Combat Infantryman Badge in
November 1944.  He was wounded in August 1944 and again in March 1945 for
which he was awarded two Purple Hearts.

5.  In April 1945 the applicant returned to the United States and on 4
December 1945 he was honorably discharged based on a Certificate of
Disability Discharge. His separation document reflects participation in
three designated campaigns, award of the American Campaign Medal (recorded
as the American Theater Medal), the European-African-Middle Eastern
Campaign Medal (Recorded as the European African Middle Eastern Theater
Medal) with 3 bronze service stars, the Good Conduct Medal, two awards of
the Purple Heart, and two awards of the Bronze Star Medal.

6.  In July 1958 the applicant was awarded his third Bronze Star Medal.
The award was a conversion award based on his World War II award of the
Combat Infantryman Badge.

7.  A review of Department of the Army Pamphlet 672-1 confirms that the
applicant’s unit did participate in the Ardennes-Alsace Campaign, in
addition to the Northern France, Rhineland, and Central Europe Campaigns
currently reflected in item 32 (Battles and Campaigns) on his separation
document.  Four bronze service stars on his European-African-Middle Eastern
Campaign Medal vice the three currently shown should reflect his campaign
participation.  His unit was also awarded a Distinguished Unit Citation,
now known as the Presidential Unit Citation, and the Belgian Fourragere.
The unit awards were also omitted from his separation document.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was awarded three awards of
the Bronze Star Medal, the last as a result of his World War II Combat
Infantryman Badge.  His records should be corrected accordingly.

2.  The evidence also confirms that applicant did participate in the
Ardennes-Alsace Campaign and as such is entitled to four bronze service
stars on his European-African-Middle Eastern Campaign Medal, vice the three
currently shown.  He is also entitled to have the campaign reflected in
item 32 on his separation document.

3.  The evidence confirms that the applicant is entitled to the
Presidential Unit Citation and the Belgian Fourragere as he contends.  The
unit awards should be added to his separation document.

BOARD VOTE:

__FE ___  ___RD __  ___YM __  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 by:

      a.  showing he was awarded three awards of the Bronze Star Medal;


      b.  showing in item 32 on his separation document that he participated
in the Ardennes-Alsace Campaign and that he is entitled to four bronze
service stars on his European-African-Middle Eastern Campaign Medal vice
the three currently shown; and


      c.  showing that he is entitled to the Belgian Fourragere and a
Presidential Unit Citation.




                            ______ Fred Eichorn_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040000653                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040106                                |
|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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