RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           1 July 2004
      DOCKET NUMBER:   AR2004100370


      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             |
|     |Ms. Wanda L. Waller               |     |Analyst              |


  The following members, a quorum, were present:

|     |Ms. Lana McGlynn                  |     |Chairperson          |
|     |Ms. Linda Simmons                 |     |Member               |
|     |Mr. John Meixell                  |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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 award of the Bronze Star Medal based on award of
the Combat Infantryman Badge.

2.  The applicant states that he received the Combat Infantryman Badge
during World War II and in accordance with Army Regulation 600-8-22 he is
entitled to award of the Bronze Star Medal.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
7 June 1952.  The application submitted in this case is dated 28 October
2003.

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 limitation 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 was inducted on 7 July 1943 and entered active duty on 28
July 1943.  His WD AGO Form 53-55 shows his military occupational specialty
as 650 (switchboard operator).  He was assigned to Cannon Company, 16th
Infantry Regiment in the European Theater of Operations from 25 May 1944
through
18 December 1945.  On 30 December 1945, the applicant was honorably
discharged.

5.  The applicant's WD AGO Form 53-55 shows the Good Conduct Medal, the
European-African-Middle Eastern Campaign Medal with one bronze arrowhead,
and the World War II Victory Medal as authorized awards.  Item 31 (Military
Qualification and Date) on his WD AGO Form 53-55 shows that he received the
Combat Infantryman Badge.  Item 32 (Battles and Campaigns) on his WD AGO
Form 53-55 shows that he participated in four campaigns during World War
II.
6.  The applicant reenlisted on 3 November 1948 for a period of 3 years.
He served in Korea and was honorably discharged on 7 June 1952.

7.  The applicant’s DD Form 214 (Report of Separation from the Armed Forces
of the United States) shows the Army of Occupation Medal with Japan Clasp,
the Korean Service Medal with three bronze service stars, and the Combat
Infantryman Badge as authorized awards.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register), dated 6 July 1961, shows, among other
information, unit awards and citations authorized for units which served
during World War II.  This document shows the applicant's unit received
occupation credit for Germany for the periods 2 May to 4 June 1945 and 5
July to 31 October 1945.

9.  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.

10.  Army Regulation 600-8-22 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.

11.  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.

12.  Army Regulation 600-8-22 provides for award of the United Nations
Service Medal.  In pertinent part, the regulation states that the period of
eligibility for the United Nations Service Medal was between 27 June 1950
and 27 July 1954.  The regulation provides that this service medal was
awarded to members of the Armed Forces of the United States dispatched to
Korea or adjacent areas on behalf of the United Nations.  Award of the
Korean Service Medal automatically establishes eligibility for award of the
United Nations Service Medal.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the
National Defense Service Medal is awarded for honorable active service for
any period between 27 July 1950 through 27 July 1954, 1 January 1961
through 14 August 1974, 2 August 1990 through 30 November 1995 and 11
September 2001 to a date to be determined.

14.  As a matter of information, on the occasion of the 50th anniversary of
the Korean War, the Government of the Republic of Korea issued the Korean
War Service Medal to pay tribute to eligible Korean War veterans for their
historic endeavors to preserve the freedom of the Republic of Korea and the
free world.
On 20 August 1999, the Department of Defense approved acceptance and wear
of this foreign service award to eligible US veterans of the Korean War, or
their surviving next of kin. The medal is provided at no cost to veterans.

15.  The Department of Defense assigned responsibility to the Department of
the Air Force for distribution of the Korean War Service Medal to eligible
veterans or their surviving next of kin.  To apply, veterans must submit a
copy of their discharge paper (DO Form 214) to the Awards and Decorations
Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite
12, Randolph Air Force Base, Texas 78150-4714.  A sample request form is
being provided to the applicant.  Once the Korean War Service Medal has
been authorized by the Department of the Air Force, the applicant may apply
to the Army Board for Correction of Military Records to add this foreign
award to his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant received the Combat Infantryman Badge during World War
II; therefore, he is entitled to award of the Bronze Star Medal.

2.  The applicant participated in three campaigns during World War II which
entitles him to award of the European-African-Middle Eastern Campaign Medal
with three bronze service stars.

3.  The applicant's unit received occupation credit for Germany which
entitles him to award of the Army of Occupation Medal with Germany Clasp.


4.  Based on award of the Korean Service Medal, the applicant is entitled
to award of the United Nations Service Medal.



5.  The applicant served a period of qualifying service for award of the
National Defense Service Medal.

BOARD VOTE:

LM_____  LS_____  JM______  GRANT 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.  amending his WD AGO Form 53-55 to add award of the Bronze Star
Medal (based on award of the Combat Infantryman Badge) and the Army of
Occupation Medal with Germany Clasp; and


      b.  amending his DD Form 214 to add award of the United Nations
Service Medal and the National Defense Service Medal.





            __Lana McGlynn________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100370                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040701                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0014                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |