RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           26 October 2005
      DOCKET NUMBER:  AR20050003920


      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:

|     |Mr. James Vick                    |     |Chairperson          |
|     |Mr. Conrad Meyer                  |     |Member               |
|     |Ms. Linda Barker                  |     |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, award of the Bronze Star Medal
(based on award of the Combat Medical Badge).

2.  The applicant states, in effect, he was awarded the Combat Medical
Badge after his separation from the Army.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation) and orders for the Combat Medical Badge.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 16 June 1945.  The application submitted in this case is dated
3 March 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 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 25 February 1943 and entered active duty
on
4 March 1943.  He served in the Asiatic-Pacific Theater of Operations from
      28 May 1944 until approximately 2 March 1945 and was honorably
discharged on 16 June 1945.

5.  The applicant’s WD AGO Form 53-55 shows the Asiatic-Pacific Campaign
Medal with two bronze service stars, the Philippine Liberation Ribbon, and
the Good Conduct Medal as authorized awards.  His WD AGO Form 53-55 also
shows he served 1 year, 5 months, and 22 days of continental service.

6.  The applicant provided a copy of Headquarters, 11th Airborne Division
General Orders Number 170, dated 17 November 1945, which show he received
the Medical Badge effective 1 August 1945.

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.  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.

8.  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.

9.  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 includes permanent assignment outside the continental
United States, 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.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Combat Medical Badge.

2.  Based on award of the Combat Medical Badge, the applicant is entitled
to award of the Bronze Star Medal.

3.  The applicant served a period of qualifying service for award of the
World War II Victory Medal and the American Campaign Medal.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 June 1945; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
1 January 1950 (3 years after the Board was established on 2 January 1947).
 The applicant did not file within the 3-year statute of limitations;
however, based on the available evidence it would be in the interest of
justice to excuse failure to timely file in this case.

BOARD VOTE:

JV_____  CM_____  LB______  GRANT 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 amending his WD AGO Form 53-55 to show
that he was awarded the Combat Medical Badge, the Bronze Star Medal (based
on award of the Combat Medical Badge), the World War II Victory Medal, and
the American Campaign Medal.




            __James Vick__________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003920                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051026                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0014                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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