RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 October 2005
      DOCKET NUMBER:  AR20050002032


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Jose A. Martinez              |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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, in effect, correction of his service record to
properly reflect his service in the European Theater of Operations during
World War II.

2.  The applicant states, in effect, that he would like to know the reason
why four bronze service stars are recorded in his service record and why
there is no record of his service with the 2nd Replacement Depot during
World War II.

3.  The applicant provides a self-authored statement on the subject
"Military Bands (Person) Soldier First - Duty Assignments" and a document
that lists his assignments with military bands (1940 - 82).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
1 August 1969, the date he was transferred to the U.S. Army Control Group
(Retired).  The application submitted in this case is dated 1 February
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.  Military records show that the applicant entered active duty in the
U.S. Army on 23 January 1940 and served in Military Occupations Specialty
432 (Bandsman, Clarinet) in the European Theater of Operations during World
War II, from 20 July 1944 through 25 September 1945.  The applicant's
records show that he continued his service in the active and reserve
components as an Army bandsman until he was transferred to the retired
reserves on 1 August 1969.

4.  The applicant's military service record contains a WD AGO Form 53-55
(Enlisted Record and Report of Separation Honorable Discharge), with an
effective date of separation of 11 October 1945.  Item 32 (Battles and
Campaigns) of the applicant's WD AGO Form 53-55 shows that he participated
in four campaigns:  Central Europe, Rhineland, Rome-Arno, and Southern
France.  Item 33 (Decorations and Citations) of the document shows that the
applicant was awarded the European-African-Middle Eastern Campaign Medal,
Good Conduct Medal, and American Defense Service Medal.

5.  The applicant's records contain a WD AGO Form No. 24 (Service Record)
covering the period from 23 January 1940 to 11 October 1945.  Page 7 of
this document lists the medals, decorations, and citations the applicant
was awarded and shows he was awarded Good Conduct Medal, American Defense
Service Medal, and European-African-Middle Eastern Campaign Medal.  This
document also shows the applicant was awarded four bronze service stars for
participation in four campaigns:  Rome-Arno, Southern France, Rhineland,
and Central Europe.

6.  The WD AGO Form No. 24 also shows the applicant's assignments during
World War II.  Page 20 contains a 6th indorsement which shows that on
8 August 1944, the applicant was assigned and reported to the 314th Army
Service Forces Band per Headquarters, 2nd Replacement Depot, Special Orders
221, Paragraph 24, dated 8 August 1944.  Page 21 contains a 7th indorsement
which shows that on 1 September 1945, the applicant departed the 314th Army
Service Forces Band, 2nd Replacement Depot, and was transferred to the
16th Replacement Depot per Headquarters, 2nd Replacement Depot, Special
Orders 238, Paragraph 49, dated 31 August 1945.  Page 23 shows a final
indorsement which contains the entry, "War Dept, AGO, 6 March 1946.  The
records show that this soldier was last assigned to 314th ASF Band, 2d Repl
Depot.  Adjutant General".

7.  The applicant provides a self-authored statement on the subject,
"Military Bands (Person) Soldier First - Duty Assignments" and a document
that lists his assignments with military bands.  In his statement, the
applicant emphasizes that the military bandsman is a Soldier first who has
to perform other military requirements, such as guard duty, vehicle road
guide, temporary military policeman, and medical duties, as well as that of
their primary bandsman duties.

8.  Army Regulation 600-8-22 (Military Awards), in pertinent part,
authorizes award of the European-African-Middle Eastern Campaign Medal for
qualifying service in the European-African-Middle Eastern Theater of
Operations for the period 7 December 1941 to 8 November 1945.  This Army
regulation also 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.  This
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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his service record is incorrect because it does
not properly reflect his service during World War II.  He contends that
there is no reason recorded in his service record for receiving four bronze
service stars and his service with the 2nd Replacement Depot is not
documented in his records.

2.  Evidence of records confirm that the applicant was awarded the European-
African-Middle Eastern Campaign Medal for his qualifying service in the
European-African-Middle Eastern Theater of Operations during the period
20 July 1944 through 25 September 1945.  Evidence of records also shows
that the applicant participated in four campaigns in the European-African-
Middle Eastern Theater of Operations during World War II.  Therefore, he is
entitled to wear the European-African-Middle Eastern Campaign Medal with
four (4) bronze service stars affixed to the medal for his participation in
the four campaigns.

3.  The applicant's service records document the fact that he was assigned
to the 314th Army Service Forces Band per Headquarters, 2nd Replacement
Depot, from 8 August 1944 through 31 August 1945.  Therefore, the
applicant's records accurately reflect his unit assignments in the European-
African-Middle Eastern Theater of Operations during World War II.

4.  Based on all of the foregoing, there is no basis to grant the relief
requested.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 August 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
31 July 1972.  The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JEA___  __JAM__  __LMD__   DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  __JAMES E. ANDERHOLM___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002032                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051025                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0000.0000                           |
|2.                      |107.0065.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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