RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 April 2007
      DOCKET NUMBER:  AR20060013437


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Ms. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. Scott W. Faught               |     |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 request, in effect, that he be promoted to sergeant and
received the back-pay for the promotion he is entitled to.  The applicant
also requests award of the Bronze Star Medal based on his award of the
Combat Infantryman Badge during World War II.

2.  The applicant states, in effect, that he was verbally promoted on or
about
25 April 1945 but continued to serve in his current grade until his
discharge from active duty.  The applicant also states, in effect, that he
was awarded the Combat Infantryman Badge during World War II, but he was
never awarded the Bronze Star Medal.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation, Honorable Discharge) in support of this
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 4 May 1946.  The application submitted in this case is dated 21
September 2007.

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 are sufficient
documents remaining in his reconstructed record to conduct a fair and
impartial review of this case.

4.  The Applicant’s WD AGO 53-55 shows he was inducted into the Army of the
United States on 18 January 1944 and entered active duty on 8 February
1944.  The FSM completed basic combat training and advanced individual
training and was awarded military occupational specialty (MOS) 745
(Rifleman).

5.  Item 3 (Grade) of the applicant’s WD AGO 53-55 shows that the highest
grade he held was Private First Class (PFC).

6.  The War Department Form 372A (Final Payment-Work Sheet) shows that the
applicant’s final payment was issued to him as a PFC on 4 May 1946.

7.  On 4 May 1946, the applicant was honorably discharged from active duty
after completing a total of 2 years, 3 months, and 18 days of active
military service.  The WD AGO 53-55 he was issued shows that he earned the
European-
African- Middle Eastern Service Medal with 2 bronze service stars, the Good
Conduct Medal, the Purple Heart, and the World War II Victory Medal.

8.  Item 31 (Military Qualification and Date) of the applicant's WD AGO 53-
55 showed that he was awarded the Combat Infantryman Badge.

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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to be promoted to sergeant
and to receive back pay.   He also contends that he is entitled to award of
the Bronze Star Medal.

2.  The is no evidence in the applicant’s available record that shows he
was promoted to or held the rank of sergeant. There is no evidence in the
applicant’s record that shows he was paid as a sergeant.  Therefore, he is
not entitled to have his records corrected to show this promotion nor is he
entitled to any back pay as a sergeant.

3.  The applicant's available record shows that he was awarded a Combat
Infantryman Badge, which considered the citation for award of the Bronze
Star Medal during WWII.  Therefore, his records should be corrected to
award of the Bronze Star Medal.
4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 4 May 1946, the date of his initial
separation.  Thus, based on the date the Board was established, 2 January
1947, 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 fact there are no time
limitations on requests this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___LDS _  ___JCR__  __SWF _  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 awarding the Bronze
Star 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
the promotion to sergeant.




                            _____Linda D. Simmons____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060013437                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/04/05                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT  PARTIAL                          |
|REVIEW AUTHORITY        |MR. Schwartz                            |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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