RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 AUGUST 2005
      DOCKET NUMBER:  AR20050000407


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Kathleen Newman               |     |Chairperson          |
|     |Mr. William Powers                |     |Member               |
|     |Ms. Marla Troup                   |     |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 Army separation document be corrected
to reflect award of the Distinguished Service Cross.

2.  The applicant states, in effect, that he received the award after his
separation from the Army and as such, the award was not recorded on his
Army separation document.  He does note, however, that the award is
reflected on his Air Force separation document.

3.  The applicant provides a copy of his Army and Air Force separation
documents and a copy of the orders awarding him the Distinguished Service
Cross.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 27 November 1945.  The application submitted in this case
is dated
6 January 2005.

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 was inducted and entered active duty with the Army on 8
June 1942.  He arrived overseas in November 1944 and on 16 June 1945 he was
awarded the Distinguished Service Cross for his heroic actions on 23
February 1945.  Orders issued by Headquarters, 9th United States Army,
confirmed the award.  The award, however, was omitted from the applicant's
separation document.
5.  The applicant departed the overseas theater of operations in August
1945 and was honorably discharged on 27 November 1945.  His separation
document does reflect entitlement to the Combat Infantryman Badge, among
other decorations.

6.  Between October 1946 and October 1949 the applicant served on active
duty with the United States Air Force.  His Air Force separation document
does reflect his award of the Distinguished Service Cross.

7.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was awarded the Distinguished
Service Cross for heroic actions during his period of service with the
Army.  While the award may be recorded on his Air Force separation
document, it would be appropriate, and in the interest of justice and
equity, to record the award on his Army separation document.

2.  The evidence also confirms that the applicant is entitled to an award
of the Bronze Star Medal based on his World War II Combat Infantryman
Badge.  His records should be corrected accordingly.

BOARD VOTE:

__KN ___  ___WP__  ___MT __  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:

      a.  by showing that he was awarded the Distinguished Service Cross;
and


      b.  by showing that he is entitled to a Bronze Star Medal.





                            ____Kathleen Newman_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000407                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050823                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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