RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 July 2005
      DOCKET NUMBER:  AR20040011589


      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. William D. Powers             |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Mr. James B. Gunlicks             |     |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 separation documents.

3.  The applicant provides a WD AGO Form 53-55 (Enlisted Record and Report
of Separation-Honorable Discharge) and a two page internet excerpt
concerning the Bronze Star Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 16 October 1945.  The application submitted in this case is
dated 15 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 with the ending period 16 October
1945 shows he was inducted and entered active duty on 17 July 1941.  The
applicant served in the European-African-Middle Eastern theater of
operations from 2 October 1942 to around July 1945.  Records show that
while he served in Europe he was assigned to A Company, 56th Armored
Infantry Battalion, 12th Armored Division and participated in two
campaigns.  He was honorably discharged on 16 October 1945.


5.  Item 31 (Military Qualification and Date) of the applicant's WD AGO
Form
53-55 shows he was awarded the Combat Infantryman Badge and Rifle Expert
Carbine.  Item 32 (Decorations and Citations) shows he was awarded the
Purple Heart, the Army Good Conduct Medal, the European-African-Middle
Eastern Theater Campaign Medal, and the American Defense Service Medal.

6.  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.

7.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
World War II Victory Medal.  It is awarded for service between 7 December
1941 and 31 December 1946, both dates inclusive.

8.  Army Regulation 600-8-22, in pertinent part, authorizes a bronze
service star, based on qualifying service, for each campaign listed in
Appendix B of this regulation or listed in item 32 (Battles and Campaigns)
of the WD AGO Form
53-55.  The regulation states that authorized bronze service stars will be
worn on the appropriate campaign or service medal including the European-
African-Middle Eastern Campaign Medal.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Army of Occupation Medal is awarded for service of 30 consecutive
days at a normal post of duty in a qualifying location.  For Germany,
service must have been between 9 May 1945 and 5 May 1955 and the European-
African-Middle Eastern Campaign Medal (formerly designated a Theater
Ribbon) must have been awarded prior to 9 May 1945.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards and campaign
participation credit received by units serving during World War II.  This
document shows that the 56th Armored Infantry Battalion, 12th Armored
Division was awarded occupation credit for Germany for the period 2 May
1945 through 31 October 1945.


DISCUSSION AND CONCLUSIONS:

1.  Evidence of records shows that the applicant received the Combat
Infantryman Badge which makes him eligible for award of the Bronze Star
Medal. The applicant's WD AGO Form 53-55 should be amended to add this
award.

2.  The applicant met the eligibility criteria for award of the World War
II Victory Medal and the Army of Occupation Medal with Germany clasp and
two bronze service stars to be worn on his European-African-Middle Eastern
Campaign Medal.  These awards should be added to his WD AGO Form 53-55.

BOARD VOTE:

__ WDP _  __ LCB  _  __ JBG  _  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), the World War II
Victory Medal, the Army of Occupation Medal with Germany clasp and two
bronze service stars to be worn on his European-African-Middle Eastern
Campaign Medal.




                                  __ William D. Powers __
                                        CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040011589                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |28 July 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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