RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 September 2005
      DOCKET NUMBER:  AR20040010560


      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. G. E. Vandenberg              |     |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 that his records be corrected to show his award
of the Bronze Star Medal.

2.  The applicant states that although he received the recommendation and
citation he never received the medal itself and it is not documented on his
discharge documents.  He requests that this omission be corrected for
personal historical purposes.

3.  The applicant provides copies of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation), the recommendation for award of the Bronze Star
Medal and the citation awarding him the Bronze Star Medal.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel provides no comment or documentation beyond that submitted with the
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 November 1945, date of his release from active duty.  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 Board has requested the military records from the repository in St.
Louis, Missouri without success.  It is believed the applicant's records
were lost in the 1973 fire at the National Personnel Records Center that
destroyed approximately 18 million service members’ records.  However, the
applicant has provided sufficient relevant documentation to allow the Board
to conduct a fair and impartial review of this case on this limited issue.


4.  The available documents show that the applicant entered active duty on
9 April 1943.  He served in the European Theater from 28 June 1944 though
12 November 1945, participated in four campaigns, and was honorably
separated from active duty on 28 November 1945.

5.  His WD AGO Form 53-55 lists his military occupation as light truck
driver with the Headquarters Battery, 740th Field Artillery Battalion.  It
lists his awards as the Good Conduct Medal, the American Theater Campaign
Medal, the European-African-Middle Eastern Theater Campaign Medal, the
Marksman Badge with Rifle Bar, and the World War II Victory Medal.

6.  On 21 May 1945, the Headquarters 174th Field Artillery Group submitted
a recommendation for award of the Bronze Star Medal for heroic achievement
to the applicant for his actions on 19 December 1944.  The Headquarters
Battery, 740th Field Artillery Battalion on 29 May 1945, endorsed this
recommendation.

7.  A Bronze Star Medal Citation from Headquarters XII Corps, Office of the
Commanding General, shows award of the Bronze Star Medal to the applicant
for his heroic actions on 19 December 1945.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) shows the 740th Field Artillery Battalion is
credited with participation in four campaigns and received credit for
occupation duty in Germany for the period 2 May through 14 August 1945.

9.  Army Regulation 600-8-22 provides that the Bronze Star Medal is awarded
in time of war for heroism and for meritorious achievement or service.
Additionally it provides that the bronze “V” device indicates acts of
heroism involving conflict with an armed enemy and authorizes the bronze
“V” device in conjunction with awards of the Army Commendation Medal, the
Air Medal and the Bronze Star Medal.

10.  Army Regulation 600-8-22, paragraph 5-10 provides that the Army of
Occupation Medal is awarded for service of thirty consecutive days at a
normal post of duty in a qualifying location.  For Germany service, it must
have been between 9 May 1945 and 5 May 1955 and the European-African-Middle
Eastern Campaign Medal must have been awarded prior to 9 May 1945.

11.  Army Regulation 600-8-22 also authorizes a bronze service star, based
on qualifying service, for each designated campaign listed in Appendix B of
the regulation and states that authorized bronze service stars will be worn
on the appropriate campaign or service medal.  The regulation also lists
the designated campaign periods for which a bronze service star is
authorized for wear on the European-African-Middle Eastern Theater Campaign
Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is shown to have participated in four campaigns and is
credited with occupation credit for Germany.  He is entitled to the Army of
the Occupation Medal with "Germany" Clasp and to wear four bronze service
stars on his European-African-Middle Eastern Theater Campaign Medal.

2.  The available evidence is sufficient to show that the applicant was
properly awarded the Bronze Star Medal for his heroic actions of 19
December 1944.  It is appropriate to correct his records to properly
reflect his award of the Bronze Star Medal with "V" Device.

BOARD VOTE:

__JTM ___  __WDP_  __LJO__  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 showing that, in addition to the
awards listed on his WD AGO Form 53-55, be authorized the Bronze Star Medal
with "V" Device, the Army of the Occupation Medal with "Germany" Clasp, and
four bronze service stars to be worn on his European-African-Middle Eastern
Theater Campaign Medal.




                            _     John T. Meixell________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |                                        |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050908                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     | . . . . .                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Grant                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |BSM "V"                                 |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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