RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            22 APRIL 2004
      DOCKET NUMBER:   AR2003097057


      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. Deborah L. Brantley           |     |Senior Analyst       |


  The following members, a quorum, were present:

|     |Mr. James C. Hise                 |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Frank C. Jones II             |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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 her brother, a deceased former
servicemember be awarded the Purple Heart and a Bronze Star Medal.

2.  The applicant states, in effect, that her brother was killed in action
in North Africa in 1942 but never received the Purple Heart.  She also
states that she believes he should have been awarded the Bronze Star Medal.

3.  The applicant provides a copy of the letter notifying her parents of
her brother's death and copies of newspaper articles which were written at
the time.

CONSIDERATION OF EVIDENCE:

1.  The applicant requested correction of her brother’s records to show
award of the Bronze Star Medal.  There are no orders or other evidence
authorizing award of this decoration.  In the absence of a proper award
authority for this decoration, the applicant may request award of the
Bronze Star Medal under the provisions of Section 1130 of Title 10, United
States Code.  The applicant has been notified by separate correspondence of
the procedures for applying for this decoration under Section 1130 and, as
a result, it will not be discussed further in the Record of Proceedings.

2.  Information available to the Board indicates that the former
servicemember was inducted and entered active duty on 20 October 1941.  He
was assigned to Company I of the 135th Infantry Regiment.  He was assigned
to that organization as early as April 1942 when he was authorized a brief
period of military leave.  His service specialty and branch are not
confirmed in documents available to the Board.

3.  The servicemember's final payment voucher indicates that he was killed
as a result of a shell explosion on a military ship on 8 November 1942.
Files maintained by the Office of The Surgeon General, commonly referred to
as the SGO Files, confirm that the servicemember's death was the result of
hostile action.  His final payment voucher indicates that his foreign
service commenced on 1 October 1942, and that he had no lost time during
his period of military service.

4.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for wounds sustained as a result of hostile action.
Substantiating evidence must be provided to verify that the wound was the
result of hostile action, the wound must have required treatment by a
medical officer, and the medical treatment must have been made a matter of
official record.

5.  The Army Good Conduct Medal was established in June 1941 and awarded
for exemplary behavior, efficiency, and fidelity in active Federal military
service.  While it is generally awarded for each 3 years of service
completed on or after
27 August 1940 the first award may also be awarded for 1 year of service
served entirely during the period 7 December 1941 to 2 March 1946.

6.  The European-African-Middle Eastern Campaign Medal was established in
1942 and awarded for service within the European-African-Middle Easter
Theater between 7 December 1941 and 8 November 1945.  A review of
Department of the Army Pamphlet 672-1 notes that the applicant unit was
credited with participating in the Algeria-North Africa Campaign between 8
and 10 November 1942 and that the unit was also credited with an assault
landing during that same period.  A bronze service star on the European-
African-Middle Eastern Campaign Medal denotes campaign participation and a
bronze arrowhead on that same campaign medal denotes participation in the
assault landing.

7.  The World War II Victory Medal is awarded for service between 7
December 1941 and 31 December 1946.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the former servicemember was killed as a
result of hostile action and as such is entitled to an award of the Purple
Heart.

2.  The evidence suggests that the servicemember likely met the basic
qualifications for award of the Army Good Conduct Medal.  As such, in the
interest of justice and equity, it would be appropriate to award the former
servicemember the Army Good Conduct Medal for the period 20 October 1941 to
8 November 1942.

3.  The evidence also confirms that the former servicemember is entitled to
the European-African-Middle Eastern Campaign Medal with one bronze service
star and a bronze arrowhead, and the World War II Victory Medal.

BOARD VOTE:

__JCH __  __LDS __  __FCJ___  GRANT 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:

      a.  awarding him the Purple Heart;


      b.  awarding him the Army Good Conduct Medal;


      c.  showing that he was entitled to the European-African-Middle
Eastern Campaign Medal with one bronze service star and a bronze arrowhead;
and


      d.  showing he was entitled to the World War II Victory Medal.





            ____ James C. Hise ________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003097057                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040422                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |