RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 June 2005
      DOCKET NUMBER:  AR20040005999


      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. Prevolia Harper               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. Kenneth W. Lapin              |     |Member               |
|     |Ms. Delia R. Trimble              |     |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 citation for award of the Bronze Star
Medal be changed to show the correct date of the action.

2.  The applicant states that the date on his citation for the Bronze Star
Medal is not correct and should read 10 March 1945 and not 10 April 1945.

3.  The applicant further states that he sustained a broken bone in his
foot between the Hardt Mountains and Dahn, France.  The applicant continues
that Lieutenant G. T. also had a knee injury and both were transported by
ambulance to a field hospital and later airlifted to England.

4.  The applicant further states that the description of the action for
which he received the Bronze Star Medal is correct; however, the date is
not and this may raise questions concerning the validity of the citation.

5.  The applicant provides a copy of his citation for award of the Bronze
Star Medal with accompanying letter, an excerpt from a book titled "A
Common Hero," a self-authored letter, and two maps in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 25 July 1945.  The application submitted in this case is dated
15 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, the
primary documents available to the Board are those provided by the
applicant.


4.  The applicant was inducted into the Army of the United States on 25 May
1944.  He was honorably released from active duty on 30 January 1946.  He
arrived in the European Theater of Operations on 9 December 1944.  He
departed on 12 June 1945 and received campaign participation credit for the
Rhineland and Central Europe campaigns.  He was honorably released from
active duty on 30 January 1946.

5.  The applicant's WD AGO Form 55 (Enlisted Record and Report of
Separation) shows he was awarded the World War II Victory Medal, American
Theater Ribbon, European-African Middle Eastern Theater Ribbon with two
bronze service stars, the Good Conduct Medal, Bronze Star Medal, Combat
Infantryman Badge, Marksman Badge (Rifle) and an overseas service bar.

6.  The applicant provides a copy of a WD AGO Form 079 (Record of Award of
Decoration by Agency Other than War Department), dated 25 July 1945.  This
document shows that the applicant was awarded the Bronze Star Medal while
assigned to the 222 Infantry Regiment, 42nd Infantry Division.

7.  The WD AGO Form 079 contains a citation which stated that the applicant
was being awarded the Bronze Star Medal for heroic achievement in action,
on "10 April 1945" near Wildenguth, Alsace, France when a combat patrol
returning to its own lines was attacked by a strong enemy force and an
automatic rifleman was wounded in the head.  The applicant and his
assistant continued an effective fire on the enemy, who were throwing hand
grenades and, upon being ordered to withdraw, assisted the gunner to
safety.  The citation further stated that the applicant's courage and
devotion to duty enabled the patrol to withdraw and saved a fellow soldier
from death or capture.

8.  The applicant provided an excerpt from the book titled "A Common Hero"
which describes the action he performed for which he was awarded the Bronze
Star Medal.  The book excerpt stated that these events took place on 10
March 1945.

9.  The applicant provided a self-authored letter in which he stated in
part, that his wife prepared a family history book and to ensure that the
dates matched records of the 222nd Infantry Regiment, she wrote a note on
the document, which stated that the recount of the action was the truth,
but not the date shown.

10.  Historical records from the U.S. Army Center for Military History show
that on 14 February 1945, the 42nd Infantry Division entered combat as a
whole, taking up defensive positions near Haguenau in the Hardt Mountains.
After a month of extensive patrolling and active defense, the 42nd Infantry
Division went on the offensive, attacking through the Hardt Mountains and
broke through the Siegfried Line.  On 15-21 March, they cleared Dahn and
Busenber, France while the Third Army created and expanded bridgeheads
across the Rhine River.  The 42nd Infantry Division moved across the Rhine
River on 31 March 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the date shown on his citation for award of
the Bronze Star Medal is incorrect and should read 10 March 1945.

2.  Historical records from the U.S. Army Center for Military History show
that the
42nd Infantry Division was not in Wildenguth, Alsace, France on 10 April
1945.  These records show that the unit was actually in Kurnach, Germany on
10 April 1945.

3.  Based on the foregoing, the applicant's citation should be changed to
show he was awarded the Bronze Star Medal for heroic actions on 10 March
1945.

BOARD VOTE:

__rjw___  __kwl___  __drt___  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 preparing an appropriate document to
correct the applicant's WD AGO Form 079 (Citation) to show the date of
action for his Bronze Star Medal as 10 March 1945.




                                  Raymond J. Wagner
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040005999                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050616                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0014                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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