RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 August 2006
      DOCKET NUMBER:  AR20050018232


      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. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Jeanette R. McCants           |     |Chairperson          |
|     |Mr. Scott W. Faught               |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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) be corrected to show the award of the
Bronze Star Medal (BSM).

2.  The applicant states, in effect, that his record shows the bronze
service star but it does not show the BSM.  He further stated that he
received a DA Form 1577 (Authorization for Issuance of Awards) which shows
he was eligible for the BSM.

3.  The applicant provides a copy of his WD AGO Form 53-55, and a copy of
the DA Form 1577.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 13 October 1945, the date of his release from active
duty.  The application submitted in this case is dated 13 December 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 record shows that he entered active duty on 5 September
1941.  He served a tour of duty in the military occupation specialty 681
(Surgical Technician) in Southwest Pacific-Asia during the period 5 August
1943 to  
7 December 1943 and in the European Theater of Operations during the period
13 January 1945 to 1 August 1945.

5.  The applicant was honorably released from active duty for the
convenience of the government on 13 October 1945 after serving 4 years, 1
month, and 9 days of active service.

6.  Item 33 (Decorations and Citations) of the WD AGO Form 53-55 does not
show the award of the BSM.  However, it does show he was awarded the
Medical Badge (subsequently known as the Combat Medical Badge).

7.  There are no general orders in the available records to show the
applicant was awarded the Bronze Star Medal.

8.  Army Regulation 600-8-22 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 applicant contends that he is entitled to an award of the BSM.

2.  Evidence of records show that the applicant is entitled to the award of
the Bronze Star Medal based on the award of the Medical Badge.  Therefore,
he is entitled to correction of his record to show this award.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 October 1945, the date of his
separation from active duty.  However, the ABCMR was not established until
2 January 1947, therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 1 January 1950.  Although
the applicant did not file within the ABCMR's statute of limitations, it is
appropriate to waive failure to timely file based on the relief being
granted in this case.






BOARD VOTE:

____jrm__  ___rch__  ___swf__  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 the award of the Bronze Star
Medal.




                            _________Jeanette R. McCants__________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050018232                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060824                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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