RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            22 August 2006
      DOCKET NUMBER:   AR20060002310


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Jerome Pionk                  |     |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 that he be awarded the Bronze Star Medal (BSM).

2.  The applicant states that he was in combat and injured on ANZIO Beach,
Italy when the law was passed to authorize the award of the BSM; however,
it was not included on his report of separation (WD AGO Form 53-55).

3.  The applicant provides a copy of his WD AGO Form 53-55 and an article
regarding the award of the BSM.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 27 January 1945.  The application submitted in this case is
dated 13 January 2006.

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 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.  He was inducted on 27 April 1943 and entered active duty at Fort
McPherson, Georgia, on 4 May 1943.  He completed his training as a heavy
machine gunner and was transferred to the European-African-Middle Eastern
(EAME) Theater of Operations on 4 October 1943.  He participated in the
Anzio Campaign while assigned to Company L, 15th Infantry Regiment, 3rd
Infantry Division.

5.  On 1 February 1944, he sustained a shell fragment wound to the skull
and was awarded the Purple Heart.

6.  He departed the EAME Theater of Operations for return to the United
States on 1 June 1944 and on 27 January 1945, he was honorably discharged
at Tilton General Hospital, Fort Dix, New Jersey.  He was awarded the
Purple Heart, the Combat Infantryman Badge (CIB) and the EAME Theater
Ribbon.

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.  Therefore, 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 (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.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
for award of the World War II (WWII) Victory Medal.  It is awarded for
service between 7 December 1941 and 31 December 1946, both dates inclusive.

10.  Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit
Register) was published to assist commanders and personnel officers in
determining or establishing the eligibility of individual members for
campaign participation credit, assault landing credit, and unit citation
badges awarded during WWII.  That pamphlet shows that the applicant's unit
was awarded the Distinguished Unit Citation, now known as the Presidential
Unit Citation (PUC), during the period he was assigned to the unit.





DISCUSSION AND CONCLUSIONS:

1.   The applicant was awarded the CIB during WWII and thus is entitled to
be awarded the BSM for meritorious service during WWII.  Accordingly, it
would be in the interest of justice to do so at this time.

2.  Additionally, he is also entitled to awards of the WWII Victory Medal,
the PUC and one bronze service star for wear on his already awarded EAME
Theater Ribbon and to have all of his awards reflected on his report of
separation.

3. Records show the applicant should have discovered the error or injustice
now under consideration on 27 January 1945, the date of his separation from
active duty.  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. 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:

___LS___  ___JM __  ___JP __  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 awarding the applicant the BSM for
meritorious service during WWII, the WWII Victory Medal, the PUC and one
bronze service star for wear on his already awarded EAME Theater Ribbon and
by adding his awards to his report of separation.



                            _____Linda Simmons______
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060002310                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060822                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19450127                                |
|DISCHARGE AUTHORITY     |AR 615-361                              |
|DISCHARGE REASON        |Medical                                 |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |60/BSM                                  |
|1.107.0014              |                                        |
|2.107.0031              |77/PUC                                  |
|3.107.0066              |112/WWII VM                             |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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