RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         18 January 2006
      DOCKET NUMBER:  AR20050009293


      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. Yvonne Foskey                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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
(BSM).

2.  The applicant states, in effect, his records should show he was awarded
the BSM in June 1945.  He further states he was in possession of the
original BSM Medal until loaning it to one of his grandchildren for a
school project at which time it was lost.

3.  The applicant provides a BSM Citation and a Photo of the ceremony at
which he received the BSM.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 6 December 1945.  The application submitted in this case
is dated 16 June 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 (NPRC) 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.  This case is being
considered using reconstructed records that primarily consist of the
applicant’s separation document (WD AGO Form 53-55) and the BSM Citation
provided by the applicant.

4.  The applicant’s WD AGO Form 53-55 shows he enlisted into the Army on
24 October 1942 and entered active duty on 9 April 1943.  It also shows
that he served in the European Theater of Operations (ETO) from 18 November
1944 through 25 November 1945, and participated in the Ardennes, Central
Europe, Normandy and Rhineland campaigns.  Item 6 (Organization) shows he
was assigned to the 148th Armored Signal Company.

5.  Item 33 (Decorations and Awards) of the applicant’s WD AGO Form 53-55
shows he earned the following awards during his active duty tenure:
American Service Medal; European-African-Middle Eastern (EAME) Campaign
Medal; Army Good Conduct Medal (AGCM); and World War II Victory Medal.

6.  The applicant provides a copy of a BSM citation published by
Headquarters 8th Armored Division, signed by the commanding general (CG).
This document indicates the applicant was awarded the BSM, for meritorious
service in connection with military operations against the enemy in Germany
from 25 March 1945 to 1 May 1945.  He also provides a photo of the awards
ceremony that shows the division CG presenting him the BSM.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy,
criteria, and administrative instructions concerning individual military
awards.  Paragraph 3-13 of the awards regulation outlines the criteria for
award of the BSM.  It states, in pertinent part, that it is awarded to any
person who, while serving in any capacity in or with the Army of the United
States after 6 December 1941, distinguished himself by heroic or
meritorious achievement or service, not involving participation in aerial
flight, in connection with military operations against an armed enemy; or
while engaged in military operations involving conflict with an opposing
armed force in which the United States is not a belligerent party.

8.  Paragraph 5-12 of the awards regulation contains guidance on award of
the European-African-Middle Eastern Campaign Medal.  It states, in
pertinent part, that a bronze service star is authorized with this award
for each campaign a member participated in while serving in the ETO.

9.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation
Credit Register-World War II) establishes the eligibility of individual
members for campaign participation credit, assault landing credit, and unit
citation badges awarded during World War II.  It confirms that during his
tenure of assignment, the applicant’s unit (148th Armored Signal Company)
received the Army of Occupation Medal with Germany Clasp, and was credited
with participating in the Ardennes-Alsace, Central Europe, Normandy, and
Rhineland campaigns.
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in the 148th
Armored Signal Company, 8th Armored Division in the ETO from 18 November
1944 through 25 November 1945.  The BSM citation provided by the applicant
confirms that while he was assigned to this division, he was awarded the
BSM, for meritorious service in connection with military operations against
the enemy in Germany from 25 March 1945 to 1 May 1945.  Therefore, it would
be appropriate to add this award to his record at this time.

2.  The evidence also shows that based on his service and campaign
participation in the ETO, the applicant is entitled to the Army of
Occupation Medal with Germany Clasp, and 4 bronze service stars with his
European-African-Middle Eastern Campaign Medal.  Thus, it would also be
appropriate to add these awards to his separation document at this time.

BOARD VOTE:

___SLP__  __CAD__  __KSJ __  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 showing he was awarded the Bronze Star
Medal, and that he is entitled to 4 bronze service stars with his European-
African-Middle Eastern Campaign Medal; and by providing him a correction to
his separation document that includes these awards.




                            _____Shirley L. Powell ____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050009293                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/01/18                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/12/06                              |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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