RECORD OF PROCEEDINGS


           IN THE CASE OF:

      BOARD DATE:            15 SEPTEMBER 2005
      DOCKET NUMBER:   AR20050000183


      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. Ronald DeNoia                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Eric Anderson                 |     |Member               |
|     |Ms. Carol Kornhoff                |     |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 WD AGO Form 53-55 (Enlisted Record and
Report of Separation Honorable Discharge) with a separation date of
11 September 1945 be corrected to show his award of the Bronze Star Medal.

2.  The applicant states he "finally found the newspaper article" which
verifies his award.

3.  The applicant provides a newspaper article to support his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 11 September 1945.  The application submitted in this case is
dated 19 December 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.  This case is
being considered using documents contained in a reconstructed record and
evidence provided by the applicant.

4.  The applicant entered active duty on 19 June 1943.  He served 1 year,
2 months and 24 days of foreign service in the Asiatic Pacific Theater.
The applicant's WD AGO 53-55 shows he participated in the New Guinea and
Luzon Campaigns as a Medical Aidman, in the rank of private first class.

5.  A check of the National Archives shows that Headquarters, 43rd Infantry
Division General Orders 31, dated 28 February 1945 awarded the applicant
the Bronze Star Medal for heroic action against the enemy on 20 January
1945 in Luzon.
6.  Army Regulation 600-8-22 (Awards) provides, in pertinent part, that the
Bronze Star Medal (BSM) is awarded for heroism and for meritorious
achievement or service in military operations against an armed enemy.

7.  Army Regulation 600-8-22 provides, in pertinent part, 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.

8.  Although more than one award of the Army Commendation Medal or the Air
Medal or the Bronze Star Medal may be made for heroism to the same person,
the regulation provides that only one “V” device may be worn on awards of
the Army Commendation Medal, or the Air Medal or the Bronze Star Medal for
heroism.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat
Medical Badge is awarded to medical department personnel (colonel and
below) who are assigned or attached to a medical unit of company or smaller
size that is organic to an infantry unit of brigade, regimental or smaller
size which is engaged in active ground combat.  Battle participation credit
is not sufficient; the infantry unit must have been in contact with the
enemy and the Soldier must have been personally present and under fire
during such ground combat.

10.  Army Regulation 600-8-22 provides, in pertinent part, 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.

11.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part,
that the bronze oak leaf cluster is awarded to denote the second and
succeeding awards of certain decorations, among which is the Bronze Star
Medal.

12.  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.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
American Campaign Medal.  This campaign medal is awarded for qualifying
service in the American Theater between 7 December 1941 and 2 March 1946.
Qualifying service for this campaign medal includes permanent assignment
outside the continental United States but within the American Theater of
Operations, duty as a crewmember aboard a vessel sailing ocean waters for
30 consecutive or 60 nonconsecutive days, or duty outside the continental
United States as a passenger or in a temporary duty status for 30
consecutive or 60 nonconsecutive days, or active combat against the enemy
and was awarded a combat decoration or furnished a certificate by a corps
commander or higher, or service within the continental United States for an
aggregate period of one year.

14.  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.  The regulation states that authorized bronze service stars will be
worn on the appropriate campaign or service medal.

DISCUSSION AND CONCLUSIONS:

1.  Published General Orders authorized the applicant the award of the
Bronze Star Medal for heroism, which is denoted by adding a “V” Device.
Accordingly, the applicant is entitled to award of the 'V" device to be
worn on his Bronze Star Medal and to have his WD AGO Form 53-55 corrected
to show this award.

2.  Based on the award of the BSM with "V" device and the newspaper article
submitted by the applicant, he qualifies for award of the Combat Medical
Badge. Therefore, his WD AGO Form 53-55 should be corrected to show this
award.

3.  Based on the award of the Combat Medical Badge, the applicant is
entitled to award of a second Bronze Star Medal for his service in World
War II.  Therefore, his WD AGO Form 53-55 should be corrected to show this
award.

4.  Based on a qualifying period of service the applicant is entitled to
award of the World War II Victory Medal.  Therefore, his WD AGO Form 53-55
should be corrected to show this award.

5.  Based on a qualifying period of service the applicant is entitled to
award of the American Campaign Medal.  Therefore, his WD AGO Form 53-55
should be corrected to show this award.

6.  Based on the applicant's participation in the New Guinea and Luzon
Campaigns he is entitled to award of two bronze service stars to be worn on
his Asiatic Pacific Service Medal.
7.  Records show the applicant should have discovered the error or
injustice now under consideration on 11 September 1945, the date of his
separation from active duty.  The ABCMR was not established until 2 January
1947.  Therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 1 January 1950.  The
applicant did not file within the 3-year statute of limitations, however he
has provided compelling evidence to show that it would be in the interest
of justice to excuse the failure to timely file.

BOARD VOTE:

____JS__  ___EA__  ___CK __  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 awarding him a second Bronze Star
Medal, a "V" device and one Oak Leaf Cluster, the Combat Medical Badge, the
World War II Victory Medal, the American Campaign Medal, two bronze service
stars to be worn on his Asiatic Pacific Service Medal and by correcting his
records to reflect all of these awards.




                            ______John Slone________________
                                      CHAIRPERSON


INDEX

|CASE ID                 |AR20050000183                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005/09/15                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]