RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 June 2007
      DOCKET NUMBER:  AR20070000298


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Barbara J. Ellis              |     |Chairperson          |
|     |Mr. Frank C. Jones                |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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 the Combat Infantryman Badge (CIB) and the
Bronze Star Medal be added to his WD AGO Form 53-55 (Enlisted Record and
Report of Separation).

2.  The applicant states he earned the CIB while serving in the infantry in
World War II.  He also earned the Bronze Star Medal.

3.  The applicant provides a copy of his WD AGO Form 53-55 and his
Honorable Discharge Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred      on 31 December 1945.  The application submitted in this case
is dated              21 December 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 25 August 1943 and entered
active duty on 15 September 1943.  He arrived in the Western Pacific
Theater   of Operations on 21 March 1944.  He departed the theater of
operations on       26 November 1945.  His WD AGO Form 53-55 shows he
participated in two campaigns.  He was honorably discharged on 31 December
1945.

5.  Item 31 (Military Qualification and Date) of the applicant’s WD AGO
Form   53-55 shows he was awarded the CIB on orders dated 16 August 1945.

6.  Item 32 (Decorations and Citations) of the applicant’s WD AGO Form 53-
55 shows he was awarded the Asiatic-Pacific Service Medal (now known as the
Asiatic-Pacific Campaign Medal), the Army Good Conduct Medal, the
Philippines Liberation Ribbon, the Purple Heart, and the World War II
Victory Medal.

7.  Army Regulation 600-8-22 (Military Awards) provides for award of the
Bronze Star Medal to any person who distinguished himself or herself by
heroic or meritorious achievement or service, not involving participation
in aerial flight, in connection with military operations against an armed
enemy.  It also provides for award of the Bronze Star Medal to members of
the armed forces who, after         6 December 1941 and prior to 3
September 1945, have been cited in orders or  in a formal certificate for
meritorious or exemplary conduct in ground combat against the armed enemy.
A citation in orders for the Combat Infantryman Badge or Medical Badge
awarded in the field during the period of actual combat against the armed
enemy is considered as a citation for exemplary conduct in ground combat.

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s WD AGO Form 53-55 already reflects award of the CIB in
item 31.

2.  Based upon award of the CIB, the applicant is eligible for award of the
Bronze Star Medal.  His WD AGO Form 53-55 should be amended to add the
Bronze Star Medal.

3.  The applicant is also eligible for wear of two bronze service stars on
his Asiatic-Pacific Campaign Medal and his WD AGO Form 53-55 should be
amended to reflect this fact.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 December 1945; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on     1 January 1950, 2 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:

__bje___  __fcj___  __aqs___  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 upon award of the Combat
Infantryman Badge; and

     b.  amending his WD AGO Form 53-55 to add the Bronze Star Medal and to
show he is eligible to wear two bronze service stars on his already-awarded
Asiatic-Pacific Campaign Medal.




                            __Barbara J. Ellis___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070000298                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070619                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |107.0014                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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