RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 August 2005
      DOCKET NUMBER:  AR20040010871


      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             |
|     |Mrs. Victoria A. Donaldson        |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Ms. Linda M. Barker               |     |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 discharge document be corrected to show
the European-African-Middle-Eastern Campaign Medal with 7 bronze service
stars.

2.  The applicant states that he participated in the Sicily battle campaign
which is not shown on his separation document.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation) and a three-page document which shows the history
of Company H, 26th Infantry Regiment of the 1st Division.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 24 October 1945, the date of his honorable discharge.
The application submitted in this case is dated 30 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 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 enlisted into the U.S. Army
and entered active duty on 18 July 1942.  The applicant was awarded a
military occupational specialty (MOS) 605 (Heavy Machine Gunner).

5.  This form also shows that he was assigned to Company A, 394th Infantry
Regiment of the 99th Division at the time of his honorable separation on
24 October 1945.

6.  Item 31 (Military Qualifications and Date) of the applicant's WD AGO 53-
55 shows the entry "Combat Infantryman Badge 9 Jan 45 [January 1945]."

7.  Item 32 (Battles and Campaigns) of the applicant's WD AGO 53-55 shows
the entry "Tunisia Normandy Ardennes Rhineland Central Europe GO 33 WD 45."

8.  Item 33 (Decorations and Citations) shows the applicant was awarded the
European-African-Middle-Eastern Campaign Medal with 6 bronze service stars.
 Item 33 also shows the applicant was awarded the Bronze Star Medal.

9.  Item 36 (Service Outside of the Continental U.S. and Return) of the
applicant's WD AGO 53-55 shows that he served in the European-African-
Middle-Eastern Theater from 26 December 1942 through 11 September 1945.

10.  There is no evidence in the available records which specifically shows
the applicant was assigned to Company H, 26th Infantry Regiment of the 1st
Division.

11.  Review of the available records indicates the applicant is entitled to
additional awards not shown on his WD AGO 53-55.

12.  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.  Therefore, the Bronze Star Medal
is to be awarded to individuals who were authorized either badge for
service during World War II.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the World War II Victory Medal.  The World War II
Victory Medal was established by the act of Congress on 6 July 1945.  It
was awarded for service between 7 December 1941 and 31 December 1946, both
dates inclusive.

14.  Army Regulation 600-8-22 provides, in pertinent part, that a silver
service star is authorized in lieu of five bronze service stars.



15.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) shows that the 26th Infantry Regiment of the
1st Division received occupation credit in Germany for the period 2 May
1945 through 31 October 1945.

16.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of
Occupation Medal is awarded for service of thirty consecutive days at a
normal post of duty in a qualifying location.  Personnel at a qualifying
location as an inspector, courier, escort, temporary or detached duty are
precluded from eligibility.  For award of the Army of Occupation Medal with
Germany Clasp, qualifying service must have occurred 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.

17.  Department of the Army Pamphlet 672-1 shows the 1st Infantry Division,
26th Regiment participated in the Tunisia, Normandy, Ardennes, Rhineland
Central Europe and Sicily Campaigns while the applicant was in the European-
African-Middle-Eastern Theater.

18.  Department of the Army Pamphlet 672-1 does not show the 394th Infantry
Division participated in the Tunisia, Normandy, and Sicily Campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his discharge document should be corrected
to show the European-African-Middle-Eastern Campaign Medal with 7 bronze
service stars and that he participated in the Sicily battle campaign.

2.  Although the applicant's records do not clearly show his assignment to
Company H, 26th Infantry Regiment of the 1st Division, his separation
document provides conclusive proof he participated in six battles while in
the European-African-Middle-Eastern Theater.  The unit shown on his
separation document only participated in three battle campaigns, therefore,
evidence supports the applicant's position that he was assigned to Company
H, 26th Infantry Regiment of the 1st Division.

3.  Based on the above, the applicant's records correctly show award of the
European-African-Middle-Eastern Campaign Medal with 6 bronze service stars.
 [This award is correctly known as the European-African-Middle-Eastern
Campaign Medal with 1 silver service star and 1 bronze service star].

4.  Additionally, the applicant's separation document does not show he
participated in the Sicily battle campaign in item 32 of his WD AGO 53-55.
Therefore, he is entitled to correction of his records to show this
campaign.

5.  Records show that the applicant completed a qualifying period of
service between 7 December 1941 and 31 December 1946.  Therefore, he is
entitled to have his records corrected to show award of the World War II
Victory Medal.

6.  Records show that the applicant completed a qualifying period of
service for award of the Army of Occupation Medal with Germany Clasp.
Therefore, he is entitled to have his records corrected to show this award.

7.  Evidence of record shows the applicant was awarded the Combat
Infantryman Badge.  Based on the award of the Combat Infantryman Badge, the
applicant is entitled to award of the Bronze Star Medal with First Oak Leaf
Cluster.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 24 October 1945, the date of the
applicant's separation from active duty.  However, the ABCMR was not
established until 2 January 1947.  As a result, the time for the applicant
to file a request for correction of any error or injustice expired on 1
January 1950.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__MKP___  _REB___  __LMB__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION









BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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.  amending item 32 of his WD AGO to show the entry "Sicily"; and

      b.  showing award of the World War II Victory Medal, the Army of
Occupation Medal with Germany Clasp, and the Bronze Star Medal with First
Oak Leaf Cluster.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of a seventh bronze service star for wear on the European-African-
Middle Eastern Campaign Medal.





                                     __M. K. Patterson_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010871                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050825                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Deny                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0000.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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