RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 November 2006
      DOCKET NUMBER:  AR20060006097


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William Crain                 |     |Chairperson          |
|     |Ms. Alice Muellerweiss            |     |Member               |
|     |Mr. Donald Lewy                   |     |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 award of the Bronze Star Medal for combat
operations during World War II.

2.  The applicant states he was promised this award and to verify this
claim, he was awarded the Combat Infantryman Badge.

3.  The applicant provides no additional documents in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred
on 16 January 1946.  The application submitted in this case is dated 17
April 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.  The applicant was inducted into the Army on 26 October 1943 and entered
active duty on 16 November 1943.  He arrived in the European-African-Middle
Eastern Theater of Operations on 15 May 1944.

5.  The applicant departed the European-African-Middle Eastern Theater of
Operations on 31 December 1945 and returned to the continental United
States
on 9 January 1946.

6.  The applicant was discharged on 16 January 1946.  His WD AGO Form 53-55
shows he was awarded the European-African-Middle Eastern Campaign Medal,
the Army Good Conduct Medal, the World War II Victory Medal, and the Purple
Heart.

7.  Item 31 (Military Qualification and Date) on his WD AGO Form 53-55
shows the Combat Infantryman Badge.

8.  Item 32 (Battles and Campaigns) on his WD AGO Form 53-55 shows he
received campaign credit for participation in the Normandy, Rhineland, and
Central Europe campaigns.

9.  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.

10.  Army Regulation 600-8-22 authorizes a bronze service star, based on
qualifying service, for each campaign listed in Appendix B of this
regulation and states that authorized bronze service stars will be worn on
the appropriate campaign or service medal including the European-African-
Middle Eastern Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's WD AGO Form 53-55 shows he was awarded the Combat
Infantryman Badge during World War II.  Therefore, he is entitled to award
of the Bronze Star Medal.

2.  The applicant received credit for participation in three campaigns in
the European-African-Middle Eastern Theater of Operations.  Therefore, he
is authorized three bronze service stars for wear on his European-African-
Middle Eastern Campaign Medal.

3.  Records show the applicant should have discovered the error or
injustice now under consideration on 16 January 1946, 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.
BOARD VOTE:

WC______  AM______  DL______  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:

      a.  awarding him the Bronze Star Medal based on award of the Combat
Infantryman Badge; and


      b.  showing the Bronze Star Medal and three bronze service stars for
wear on his already-awarded European-African-Middle Eastern Campaign Medal.




                            William Crain_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006097                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061130                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0014                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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