RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         08 FEBRUARY 2005
      DOCKET NUMBER:  AR20040001178


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Ms. Shirley Powell                |     |Member               |
|     |Ms. Susan Powers                  |     |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 his record be corrected to show award of
the Purple Heart.

2.  The applicant states that he was wounded in action on 14 April 1945.
He received the Purple Heart; however, the award was not reflected in his
records.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 28 August 1945.  The application submitted in this case
is dated      4 May 2004.

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 for the Board to conduct a fair and
impartial review of this case.

4.  The applicant’s WD AGO Form 53-55 shows that he was inducted into the
Army on 12 February 1942, served in the European Theater of Operations
(ETO) during World War II from October 1942 until May 1945, and was
discharged in the rank of sergeant on 28 August 1945.  He participated in
four campaigns and was awarded the European-African-Middle Eastern Campaign
Medal with four bronze service stars and one bronze arrowhead, the Bronze
Star Medal, and the Good Conduct Medal.  That form shows that he was
wounded in action on         14 April 1945.  It does not show that he was
awarded the Purple Heart.

5.  Information from the hospital admission cards created by the Office of
The Surgeon General shows that the applicant was wounded by grenade
fragments to his eyeball on 14 April 1945.  Various casualty reports shows
that the applicant, then assigned to the 102nd Cavalry Reconnaissance
Squadron, sustained fragmentation wounds to his right eye, shoulders and
the right portion of his neck.

7.  The applicant’s award of the Bronze Star Medal was for his heroic
achievement in performance of outstanding service against the enemy in
Normandy on 29 June 1944 while a member of the 102nd Cavalry Reconnaissance
Squadron.

8.  The bronze arrowhead denotes participation in a combat assault landing
while assigned or attached as a member of an organized force carrying out
an assigned tactical mission.

9.  The Unit Citation and Campaign Participation Credit Register shows that
the 102nd was awarded credit for an assault landing in Normandy on 6-7 June
1944, and was awarded the French Croix de Guerre for its actions on 6 June
1944.

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded in action on 14 April 1945.  He is entitled
to award of the Purple Heart.  That award should be reflected in his
records.

2.  The applicant, assigned to the 102nd Cavalry Reconnaissance Squadron,
participated in a combat assault landing on 6-7 June 1944 in Normandy, for
which he received the bronze arrowhead to the European-African-Middle
Eastern Campaign Medal.  The 102nd was awarded the French Croix de Guerre
for its actions on 6 June 1944.  Therefore, the applicant is also entitled
to award of the French Croix de Guerre.

3.  The applicant is entitled to award of the World War II Victory Medal.

BOARD VOTE:

___MP __  ___SP __  ___SP __  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 showing award of the Purple Heart, the
French Croix de Guerre, and the World War II Victory Medal.




                            ____Margaret Patterson_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040001178                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050208                                |
|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.                      |                                        |


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