RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           8 September 2005
      DOCKET NUMBER:  AR20040010537


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Larry J. Olson                |     |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, award of the Bronze Star Medal
(BSM).

2.  The applicant states, in effect, he had already been discharged when
the executive order authorizing the BSM based on award of the Combat
Infantryman Badge (CIB) was issued.  He was just recently made aware of
this award authorization and would now like his record to reflect his
entitlement to the BSM based on his having earned the CIB.

3.  The applicant provides a copy of his separation document (WD AGO Form
53-55) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 30 March 1946.  The application submitted in this case is
dated
22 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 (NPRC) 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.  This case is being
considered using reconstructed records that primarily consist of the
applicant’s separation document (WD AGO Form 53-55).

4.  The applicant’s WD AGO Form 53-55 shows he was inducted into the Army
and entered active duty on 18 June 1943.  It also shows that he served in
the European Theater of Operations (ETO) from 1 November 1944 through
13 March 1946, and was credited with participating in the Ardennes and
Rhineland campaigns.
5.  Item 31 (Military Qualifications) of the applicant’s WD AGO Form 53-55
confirms he was awarded the CIB on 13 January 1945.  Item 33 (Decorations
and Awards) shows he earned the following awards during his active duty
tenure: European-African-Middle Eastern (EAME) Campaign Medal, Army Good
Conduct Medal (AGCM), American Campaign Medal and World War II Victory
Medal.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy,
criteria, and administrative instructions concerning individual military
awards.  Paragraph 3-13 of the awards regulation outlines the criteria for
award of the BSM.  It states, in pertinent part, that it is awarded to any
person who, while serving in any capacity in or with the Army of the United
States after 6 December 1941, distinguished himself by heroic or
meritorious achievement or service, not involving participation in aerial
flight, in connection with military operations against an armed enemy; or
while engaged in military operations involving conflict with an opposing
armed force in which the United States is not a belligerent party.

7.  Paragraph 3-13d (2) of the awards regulation states, in effect, that
the BSM is authorized to members of the Armed Forces of the United States
who, after
6 December 1941, were cited in orders or awarded a certificate for
exemplary conduct in ground combat against an armed enemy between 7
December 1941 and 2 September 1945.  This paragraph also stipulates that
for this purpose, an award of the CIB is considered as a citation in
orders.

8.  Paragraph 5-12 of the awards regulation contains guidance on award of
the European-African-Middle Eastern Campaign Medal.  It states, in
pertinent part, that a bronze service star is authorized with this award
for each campaign a member participated in while serving in the ETO.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the BSM was carefully
considered and found to have merit.  By regulation, members of the Armed
Forces of the United States who, after 6 December 1941, were cited in
orders or awarded a certificate for exemplary conduct in ground combat
against an armed enemy between
7 December 1941 and 2 September 1945.  This paragraph also stipulates that
for this purpose, an award of the CIB is considered as a citation in
orders.

2.  The evidence in this case confirms the applicant was awarded the CIB on

13 January 1945.  Therefore, he is entitled to the BSM for his exemplary
conduct in ground combat in the ETO from 1 November 1944 through 2
September 1945.
3.  The evidence also confirms that based on his campaign participation in
the ETO, the applicant is entitled to 2 bronze service stars with is EAME
Campaign Medal.  Therefore, it would also be appropriate to add these to
his separation document at this time.

BOARD VOTE:

___WDP    __JTM __  __LJO __  GRANT 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 awarding him the Bronze Star Medal; by
showing he is entitled to 2 bronze service stars with his European-African-
Middle Eastern Campaign Medal; and by providing him a corrected separation
document that includes these awards.




            ___William D. Powers____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040010537                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/09/08                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1946/03/30                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Demobilization                          |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46`  |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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