RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 July 2006
      DOCKET NUMBER:  AR20050015930


      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             |
|     |Mrs. Victoria A. Donaldson        |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Allen L. Raub                 |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Ms. Peguine M. Taylor             |     |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, that his WD AGO Form 53-55 (Enlisted
Record and Report of Separation-Honorable Discharge) be corrected to show
all awards that he is entitled.  The applicant further requests that his
prior service be correctly annotated on his WD AGO Form 53-55

2.  The applicant states that Item 32 (Battles and Campaigns), Item 33
(Decorations and Citations), Item 34 (Wounds Received in Action), Item 35
(Latest Immunization Dates), and Item 39 (Prior Service) are left blank on
his WD AGO Form 53-55.

3.  The applicant did not provide any additional documentary evidence in
support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 15 November 1945, the date of his discharge.  The
application submitted in this case is undated; however, was received for
processing on
4 November 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 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 to conduct a fair
and impartial review of this case.

4.  The applicant's WD AGO Form 53-55 shows he enlisted into the Army of
the United States on 15 December 1942 and entered active duty on 27 May
1943 in military occupational specialty (MOS) 745 (Squad Leader).  This
form also shows that he was assigned to Company F, 397th Infantry Regiment,
100th Infantry Division.
5.  Item 32 (Battles and Campaigns), Item 33 (Decorations and Citations),
and Item 34 (Wounds Received in Action) of the applicant's WD AGO Form 53-
55 show the entry "Not Available."

6.  The applicant's records contain a WD AGO Form 100 (Separation
Qualification Record) which shows that the applicant entered active duty on
27 May 1943 and was honorably separated in 15 November 1945.

7.  There is no evidence in the available records which show that the
applicant completed a period of military service prior to 27 May 1943.

8.  The applicant's service medical records do not show that the applicant
was wounded in action.  There is no evidence in the available records which
shows that the applicant was wounded and or treated for wounds sustained in
action.

9.  Records show the applicant served in the European Theater of Operations
during the period 20 October 1944 through 2 August 1945.

10.  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.  Army
Regulation 600-8-22 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.

11.  Department of the Army Pamphlet 672-1 shows that while the applicant
was assigned to Company F of the 397th Infantry Regiment the unit
participated in the Ardennes-Alsace, Central Europe, and Po Valley
campaigns which are not shown on his separation documents.

12.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign
Participation Credit Register, dated 6 July 1961, shows, among other
information, credit for occupation duty during World War II.  This document
shows that the unit to which the applicant was assigned, the 397th Infantry
Regiment, received occupation credit for Germany for the period from 2 May
1945 to 31 October 1945.


13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the World War II Victory Medal.  The World War II
Victory Medal was established by the act of Congress on 6 July 1945.  It
was awarded for service between 7 December 1941 and 31 December 1946, both
dates inclusive.  Records show the applicant served during the period 27
May 1943 through
15 November 1945.

14.  Item 31 (Military Qualification and Date) of the applicant's WD AGO
Form 53-55 shows that the applicant was awarded the Combat Infantryman
Badge in December 1944.

15.  Item 35 (Latest Immunization Dates) of the applicant's WD AGO Form 53-
55 shows the entry "Not Available Temporary S/R [Shot Record]."  There are
no medical records in the available records which confirm the date and type
of immunizations that the applicant may have received during his military
service.

16.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's WD AGO 53-55 contains the entry none in the "prior
service" section.  There is no evidence in the available records and the
applicant has not provided sufficient evidence showing that he completed a
period of military service prior to 27 May 1943.  Therefore, item 39 (Prior
Service) of the applicant's WD AGO 53-55 is correct as currently
constituted.

2.  The applicant's WD AGO Form 53-55 shows the entry "Not Available
Temporary S/R [Shot Record]."  There are no medical records in the
available records and the applicant has not provided sufficient evidence
which confirms the type and date on immunizations that he may have received
during his military service.  Absent such evidence, there is an
insufficient basis to amend this section of his WD AGO Form 53-55.
3.  The applicant's WD AGO 53-55 contains the entry not available in the
"wounds received in action section.  There is no evidence in the available
records and the applicant has not provided sufficient evidence showing that
he was wounded in action.  Therefore, Item 34 (Wounds Received in Action)
of the applicant's WD AGO 53-55 should be amended to show the entry "None."

4.  Evidence of record shows that the applicant served a qualifying period
of service for award of the European-African-Middle Eastern Campaign Medal.
 Therefore, he is entitled to award of the European-African-Middle Eastern
Campaign Medal and correction of his records to show this award.

5.  Records show the applicant participated in the Ardennes-Alsace, Central
Europe, and Po Valley campaigns during his military service.  Therefore, he
is entitled to award of three bronze service stars to be affixed to his
European-African-Middle Eastern Campaign Medal.

6.  While the applicant was assigned to Company F, 397th Infantry Regiment
of the 100th Infantry Division, the unit received occupation credit for
Germany.  Therefore, he is entitled to correction of his WD AGO Form 53-55
to show award of the Army of Occupation Medal with Germany Clasp.

7.  Records show the applicant was awarded the Combat Infantryman Badge.
Based on this award, he is entitled to award of the Bronze Star Medal and
correction of his records to show the Bronze Star Medal.

8.  Evidence of record shows the applicant served during the period 27 May
1943 through 15 November 1945 which is a qualifying period of service for
award of the World War II Victory Medal.  Therefore, he is entitled to
correction of his records to show this award.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 November 1945, the date of his
discharge.  However, the ABCMR was not established until 2 January 1947.
As a result, the time for the applicant to file a request for correction of
any error or injustice expired on 1 January 1950.  Records show the
applicant is entitled to awards not shown on his separation document,
therefore, it is appropriate to waive failure to timely file in this case.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_ALR____  _LMD___  _PMT___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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:

      a.  awarding the  European-African-Middle Eastern Campaign Medal with
3 bronze service stars, the Army of Occupation Medal with Germany Clasp,
the Bronze Star Medal, and the World War II Victory Medal and amending Item
33 (Decorations and Citations) of the WD AGO 53-55 to show these awards;

      b.  amending Item 32 (Battles and Campaigns) of the WD AGO 53-55 to
show the entry “Ardennes-Alsace, Central Europe, and Po Valley”; and

      c.  amending Item 34 (Wounds Received in Action) of the WD AGO 53-55
to show the entry "None."

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
amendment of Item 39 (Prior Service) and Item 35 (Latest Immunization
Dates) of his WD AGO Form 53-55.




                                     __Allen L. Raub_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015930                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060725                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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