RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 June 2005
      DOCKET NUMBER:  AR20040009784


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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 correction of his records to show award of the
Bronze Star Medal (based on award of the Combat Infantryman Badge).

2.  The applicant states, in effect, that his Bronze Star Medal is not
listed on his military separation paper.

3.  The applicant provides a WD AGO Form 53-55 (Enlisted Record and Report
of Separation-Honorable Discharge); a copy of an Army of the United States,
Honorable Discharge Certificate dated 24 November 1945; War Department
Letter Orders Number 140, dated 23 July 1945; and a letter from
Headquarters, 1214 "SCU", Army Ground and Service Forces Redistribution
Station, Atlantic City, New Jersey.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 24 November 1945.  The application submitted in this case is
dated 2 November 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 WD AGO Form 53-55 shows he was inducted and entered
active duty on 4 January 1944.  The applicant served in the European
theater of operations from 29 October 1944 through 5 May 1945 while
assigned to A Company, 422nd Infantry Regiment, 106th Infantry Division.
He was honorably discharged on 24 November 1945.

5.  Item 31 (Military Qualification and Date) of the applicant's WD AGO
Form
53-55 contains the entry "Combat Infantryman Badge WD Cir 408 1944."

6.  The applicant's WD AGO Form 53-55 shows he was awarded the European-
African-Middle Eastern Theater Campaign Ribbon with 2 service stars, the
World War II Victory Medal, the American Theater Campaign Medal, and the
Army Good Conduct Medal.

7.  The applicant provided War Department Letter Orders Number 140, dated
23 July 1945.  The Orders showed the applicant was awarded the Combat
Infantryman Badge for satisfactory performance of duty in ground combat
against the enemy during the period 16 December 1944 through 21 December
1944.

8.  Army Regulation 600-8-22 (Military Awards) 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 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.

DISCUSSION AND CONCLUSIONS:

Evidence of records shows that the applicant received the Combat
Infantryman Badge for satisfactory performance of duty in ground combat
against the enemy during the period 16 December 1944 through 21 December
1944 which makes him eligible for award of the Bronze Star Medal.

BOARD VOTE:

__MHM__  __EL____  __CAK__  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.  awarding him the Bronze Star Medal (based on award of the Combat
Infantryman Badge); and

      b.  amending his WD AGO Form 53-55 to show award of the Bronze Star
Medal (based on award of the Combat Infantryman Badge).




                            ____ Mr. Melvin H. Meyer ___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009784                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |9 June 2005                             |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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