RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           11 March 2004
      DOCKET NUMBER:   AR2003090636


      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             |
|     |Mr. Richard P. Nelson             |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Ms. Mae M. Bullock                |     |Member               |
|     |Mr. Patrick H. McGann.            |     |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 correction of his military records to show award
of the Bronze Star Medal with “V” device, the Presidential Unit Citation,
the Belgian Fourragere, and the Netherlands Orange Lanyard.

2.  The applicant states, in effect, that he was never made aware that he
was entitled to these awards until he received a DA Form 1577
(Authorization for Issuance of Awards) from the National Personnel Records
Center.

3.  The applicant provides a copy of DA Form 1577, dated 10 January 2002
and a copy of a purported certificate awarding him the Bronze Star Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of error that occurred on 28
September 1945.  The application submitted in this case is dated 25 April
2003.

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 limitation 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 available records show that the applicant was inducted on 19 March
1942.  He served as an Anti Aircraft Artilleryman (AAA) with Battery F,
80th Airborne (AAA) Battalion, participating in four campaigns while
assigned to the European Theater of Operations from 10 May 1943 to an
undetermined date in early 1945.  The records show that the applicant was
seriously wounded on 29 December 1944 and that he arrived back in the
United States on 11 March 1945.  The applicant was honorably separated, for
disability, on 28 September 1945 at Crile General Hospital, Cleveland,
Ohio, in the rank of Corporal.

5.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of
Separation-Honorable Discharge) shows that he received the following
awards: the Purple Heart; the Good Conduct Medal; the Glider Badge; the
European-African-Middle Eastern Campaign Medal with four bronze service
stars; and, the Honorable Service Lapel Button.  His WD AGO Form 53-55 also
shows he participated in the following campaigns: Sicilian, also known as
Sicily (Ground); Italian, also known as Naples-Foggia (Ground); Normandy;
and, Rhineland.

6.  The certificate submitted by the applicant in support of his contention
that he was awarded the Bronze Star Medal with “V” device is neither
signed, nor dated. It does not contain any official seal.  The citation
indicates that the applicant was awarded the Bronze Star Medal for “bravery
and courage” from 10 May 1943 to 11 March 1945.  It also mentions the
applicant’s achievements on 14 June 1944, and during the Battle of the
Bulge, some 6 months later.  There are no orders confirming the award.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Bronze Star Medal is awarded in time of war for heroism and for
meritorious achievement or service.  As with all personal decorations,
formal recommendations, approval through the chain of command, and
announcement in orders are required.  Recommendations must be made within 2
years of the event or period of service and the award must be made within 3
years.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units that
served in World War II.  This document shows the unit to which the
applicant was assigned, was cited for the following unit awards: the
Presidential Unit Citation (known as the Distinguished Unit Citation until
3 November 1966); for action during the period 10 to 18 September 1943, by
War Department General Orders Number 41, dated 1947; the Netherlands Orange
Lanyard, for action during the period 17 September to 7 October 1944, by
Department of the Army General Orders Number 43-50, dated 1950; and, the
Belgian Fourragere, for action during the period 17 to 31 December 1944.

DISCUSSION AND CONCLUSIONS:

1.  The Bronze Star Medal citation submitted by the applicant is undated,
unsigned, and does not reflect a specific valorous act.  Rather, it covers
a period of 22 months, which is not in keeping with the format of other
Bronze Star Medals for valor awarded during World War II.  In the absence
of confirming orders, or any other documentation of a more official nature,
the applicant is not entitled to correction of his records to show this
decoration.

2.  General Orders show that the applicant is entitled to the Presidential
Unit Citation.  Therefore, he is entitled to correction of his records to
show this unit award.
3.  General Orders show that the applicant is entitled to the Netherlands
Orange Lanyard.  Therefore, he is entitled to correction of his records to
show this foreign unit award.

4.  General Orders show that the applicant is entitled to the Belgian
Fourragere.  Therefore, he is entitled to correction of his records to show
this foreign unit award.

BOARD VOTE:

__JNS___  ____PHM  ___MMB   GRANT 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 showing award of the
Presidential Unit Citation, the Netherlands Orange Lanyard and the Belgian
Fourragere.

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 Bronze Star Medal with “V” device.





            ________John N. Slone________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003090636                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040311                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |