RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 September 2005
      DOCKET NUMBER:  AR20040010605


      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. Stacy R. Abrams               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Eric N. Anderson              |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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 military record of his father, a
deceased service member (FSM), be corrected to show award of the Purple
Heart, the American Theater Campaign Medal and the Army of Occupation Medal
with Germany Clasp.

2.  The applicant provides a copy of a Certificate of Live Birth, copy of a
Certificate of Death; a copy of a Purple Heart Certificate, dated 12
January 2004; a copy of Permanent Order 12-17, dated 12 January 2004; a
copy of a Honorable Discharge Certificate, dated 16 May 1947; and a copy of
WD AGO (Enlisted Record and Report of Separation Honorable Discharge) with
a separation of 16 May 1947.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 16 May 1947, the date of FSM’s separation from the Army.  The
application submitted in this case is dated 30 August 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 FSM's service personnel records are not available to the ABCMR for
review.  A fire destroyed approximately 18 million service members' records
at the National Personnel Records Center in 1973.  It is believed that the
FSM's records were lost or destroyed in that fire.  However, there were
sufficient documents remaining in a reconstructed record for the ABCMR to
conduct a fair and impartial review of this case.

4.  The FSM's WD AGO Form 53-54 shows that he reenlisted in the Army on
17 November 1945.  This record shows that, at the time of his separation on

16 May 1947, he was serving in military occupational specialty 735 (Truck
Driver).
5.  The FSM's WD AGO Form 53-54 also shows prior military service from the
period 23 October 1942 to 16 November 1945 while assigned to the 259th
Field Artillery Battalion.

6.  The applicant provided a copy of Permanent Orders 012-17, dated
12 January, 2004 that awarded the FSM the Purple Heart.

7.  He also provided a copy of a Purple Heart Certificate awarding the FSM
the Purple Heart posthumously.

8.  The Human Resource Command (HRC) Awards Branch provided a copy of DD
Form 215 (Correction to DD Form 214, Certificate of Release From Active
Duty) awarding the FSM the Purple Heart.

9.  A review of the FSM's record reveals that he is entitled to decorations
and awards which are not shown on his WD AGO Form 53-55.

10.  The WD AGO Form 53-55 does not show award of American Theater Campaign
Medal, the European-African-Middle Eastern Campaign Medal and the Army of
Occupation Medal.

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
American Theater Campaign Medal.  This campaign medal is awarded for
qualifying service in the American Theater between 7 December 1941 and
2 March 1946.  Qualifying service includes permanent assignment outside the
continental United States, duty as a crewmember aboard a vessel sailing
ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside
the continental United States as a passenger or in a temporary duty status
for 30 consecutive or 60 nonconsecutive days, or active combat against the
enemy and was awarded a combat decoration or furnished a certificate by a
corps commander or higher, or service within the continental United States
for an aggregate period of one year.

12.  Army Regulation 600-8-22, in pertinent part, authorizes award of the
European-African-Middle Eastern Campaign Medal for qualifying service in
the European-African-Middle Eastern Theater of Operations for the period
7 December 1941 to 8 November 1945.  Army Regulation 600-8-22 also
authorizes a bronze service star, based on qualifying service, for each
campaign listed in Appendix B of this regulation and states that authorized
bronze service stars will be worn on the appropriate campaign or service
medal including the European-African-Middle Eastern Campaign Medal.
13.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists campaign credit received by units
which served during World War II.  This document shows the unit to which
the applicant was assigned, the 259th Field Artillery Battalion,
participated in the Anzio, the Central Europe, the Northern France and the
Rhineland Campaigns.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of
Occupation Medal is awarded for service of thirty consecutive days at a
normal post of duty in a qualifying location.  Personnel at a qualifying
location as an inspector, courier, escort, temporary or detached duty are
precluded from eligibility.  For award of the Army of Occupation Medal with
Germany Clasp, qualifying service must have occurred between 9 May 1945 to
5 May 1955 and the European-African-Middle Eastern Campaign Medal must have
been awarded prior to 9 May 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested the Purple Heart, the American Theater Campaign
Medal and the Army of Occupation Medal be added to FSM's WD AGO Form
53-55.

2.  General Orders show the FSM was awarded the Purple Heart for wounds as
a result of hostile actions on 15 April 1945 in the European Theater.
Therefore, the FSM’s WD AGO Form 53-55 has already been corrected to show
award of the Purple Heart.

3.  Based on the FSM’s service during World War II in Europe, he is
entitled to award of the American Theater Campaign Medal and the Army of
Occupation Medal with Germany Clasp.  Therefore, the FSM is entitled to
correction of his WD AGO Form 53-55 to show these awards.

4.  Evidence of records show the FSM participated in four campaigns during
his service in World War II.  Therefore, he is entitled to award of four
bronze service stars to be worn on his European-African-Middle Eastern
Theater Service Ribbon.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 May 1947, therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
15 May 1950.  However, since there is no statute of limitations governing
award of the Purple Heart, it would be in the interest of justice to excuse
failure to timely file in this case.
BOARD VOTE:

__CAK__  _JNS___  _ENA____  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
showing he was awarded the American Theater Campaign Medal, the Army of
Occupation Medal with Germany Clasp, and the European-African-Middle
Eastern Theater Service Ribbon with four bronze service stars.




                                         _John N. Slone_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010605                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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