RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 December 2006
      DOCKET NUMBER:  AR20060008509


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Peter Fisher                  |     |Chairperson          |
|     |Mr. Thomas Ray                    |     |Member               |
|     |Mr. Jeffrey Redmann               |     |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 correction of his WD AGO Form 53-55 (Enlisted
Record and Report of Separation) to show award of the Bronze Star Medal
(based on award of the Combat Infantryman Badge), the Good Conduct Medal,
the World War II Victory Medal, the European-African-Middle Eastern
Campaign Medal with an unspecified number of bronze service stars, and the
American Campaign Medal.

2.  The applicant states that he was not issued several medals that he
earned during World War II and that they are not currently shown on his
discharge paperwork.

3.  The applicant provides a copy of his WD AGO Form 53-55.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
4 November 1945.  The application submitted in this case is dated 9 June
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 was inducted on 2 September 1943 and entered active duty
on 23 September 1943.  He served in the European Theater of Operations from

9 March 1944 through 14 August 1945 and was honorably discharged on
4 November 1945.

4.  The applicant’s WD AGO Form 53-55 shows he participated in three
battles and campaigns.  His WD AGO Form 53-55 shows the Purple Heart, the
European-African-Middle Eastern Campaign Medal, and the World War II
Victory Medal.  His WD AGO Form 53-55 also shows that he served 8 months
and 7 days of continental service.  Since the applicant’s WD AGO Form 53-55
shows the World War II Victory Medal, this portion of the applicant’s
request will not be discussed further in these Proceedings.

5.  Headquarters, 349th Infantry General Orders Number 20, dated 16 June
1944, show the applicant received the Combat Infantryman Badge.

6.  There are no orders for the Good Conduct Medal in the available
records.  However, the Medals, Decorations, and Citations section of the
applicant’s WD AGO Form 24 (Service Record) shows that he was awarded the
Good Conduct Medal by Headquarters, 349th Infantry General Orders Number
16, dated
26 March 1945.

7.  The applicant’s WD AGO Form 24 also shows that he received three bronze
service stars to be affixed to his European-African-Middle Eastern Campaign
Medal.

8.  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.

9.  Army Regulation 600-8-22 authorizes a bronze service star, based on
qualifying service, for each campaign listed in Appendix B of this
regulation or listed in item 32 of the WD AGO Form 53-55.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
American Campaign Medal.  This campaign medal is awarded for qualifying
service in the American Theater between 7 December 1941 and 2 March 1946.
Qualifying service includes permanent assignment outside the continental
United States, duty as a crewmember aboard a vessel sailing ocean waters
for 30 consecutive or 60 nonconsecutive days, or duty outside the
continental United States as a passenger or in a temporary duty status for
30 consecutive or 60 nonconsecutive days, or active combat against the
enemy and was awarded a combat decoration or furnished a certificate by a
corps commander or higher, or service within the continental United States
for an aggregate period of one year.

DISCUSSION AND CONCLUSIONS:

1.  Based on award of the Combat Infantryman Badge, the applicant is
entitled to award of the Bronze Star Medal.
2.  The entry in the applicant’s WD AGO Form 24 which shows that he was
awarded the Good Conduct Medal is sufficient as a basis for amending his WD
AGO Form 53-55 to show award of the Good Conduct Medal.

3.  The entry on the applicant’s WD AGO Form 53-55 which shows that he
participated in three battles and campaigns and the entry in the
applicant’s WD AGO Form 24 which shows that he received three bronze
service stars to be affixed to the European-African-Middle Eastern Campaign
Medal are sufficient as a basis for amending his WD AGO Form 53-55 to show
award of the European-African-Middle Eastern Campaign Medal with three
bronze service stars.

4.  The applicant did not serve a period of qualifying service for award of
the American Campaign Medal.  Therefore, there is no basis for the
applicant’s request for award of the American Campaign Medal.

5.  Records show the applicant should have discovered the alleged errors
now under consideration on 4 November 1945; therefore, the time for the
applicant to file a request for correction of any error or injustice
expired on 1 January 1950
(3 years after the Board was established on 2 January 1947).  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:

________  ________  ________  GRANT FULL RELIEF

PF___  __TR____  _JR______  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 amending his WD AGO
Form 53-55 to add the Bronze Star Medal (based on award of the Combat
Infantryman Badge), the Good Conduct Medal, and three bronze service stars
for wear on his already awarded European-African-Middle Eastern Campaign
Medal.

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
award of the American Campaign Medal.


                            ___Peter Fisher____________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060008509                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061221                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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