RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 August 2007
      DOCKET NUMBER:  AR20070002912


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Paul M. Smith                 |     |Chairperson          |
|     |Mr. Rodney E. Barber              |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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, in effect, award of the Bronze Star Medal
(BSM).

2.  The applicant states, in effect, he received the Combat Infantryman
Badge (CIB) during World War II and as a result is entitled to the BSM.

3.  The applicant provides 11 November 1945 and 12 May 1946 separation
documents (WD AGO Forms 53-55) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s World War II military service 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.
This case is being considered using reconstructed records, which primarily
consist of the applicant's separation documents.

3.  The applicant's separation documents show he was initially inducted
into the Army and entered active duty on 25 January 1944.  He was honorably
discharged for the purpose of immediate reenlistment on 18 November 1945
and reenlisted on 19 November 1945.  The WD AGO Forms 53-55 also show that
he served in the European Theater of Operations (ETO) from 21 January 1945
through 16 December 1945, and that he participated in the Rhineland and
Central Europe campaigns of World War II.

4.  Item 31 (Military Qualifications) of the applicant's 12 May 1946 WD AGO
Form 53-55 and Item 33 (Decorations and Citations) of the 18 November 1945
separation document shows the CIB.  Item 33 of both separation documents
show he earned the European-African-Middle Eastern Campaign Medal, Army
Good Conduct Medal, and the World War II Victory Medal during his active
duty tenure.

5.  On 12 May 1946, the applicant was honorably separated after completing
a total of 2 years, 3 months and 18 days of active military service.  On
the date of his separation, he held the rank of private first class, which
is also the highest rank he attained while serving on active duty.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 3-13 of the
awards regulation outlines the criteria for award of the BSM.  Paragraph 3-
13d (2) states, in effect, that the BSM is authorized to members of the
Armed Forces of the United States who, after 6 December 1941, were cited in
orders or awarded a certificate for exemplary conduct in ground combat
against an armed enemy between 7 December 1941 and 2 September 1945.  This
paragraph also stipulates that for this purpose, an award of the CIB is
considered as a citation in orders.

7.  Paragraph 5-12 contains guidance on the European-African-Middle Eastern
Campaign Medal.  It states, in pertinent part, that a bronze service star
is authorized with this award for each campaign a member is credited with
participating in while serving in the ETO.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the BSM was carefully
considered and found to have merit.  By regulation, members who received
the CIB during World War II are entitled to receive the BSM.  The evidence
confirms the applicant received the CIB during his World War II service.
Therefore, it would be appropriate to award him the BSM for his exemplary
conduct in ground combat against an armed enemy while serving in the ETO
from 21 January 1945 through 2 September 1945, and to add this award to his
separation documents at this time.

2.  The evidence also verifies that the applicant was credited with
participating in the Rhineland and Central Europe campaigns of World War
II.  Therefore, it would also be appropriate to show his entitlement to 2
bronze service stars with his European-African-Middle Eastern Campaign
Medal and to add this award to his separation documents at this time.

BOARD VOTE:

___PMS_  __REB   _  __RCH _  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.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
awarding him the Bronze Star Medal for his exemplary conduct in ground
combat against an armed enemy while serving in the European Theater of
Operations from 21 January 1945 through 2 September 1945; by showing his
entitlement to 2 bronze service stars with his European-African-Middle
Eastern Campaign Medal; and by providing him corrections to his separation
documents that reflects these changes.




                            _____Paul M. Smith______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070002912                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/08/28                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1946/05/12                              |
|DISCHARGE AUTHORITY     |AR 615-362                              |
|DISCHARGE REASON        |Dependency                              |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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