RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 July 2005
      DOCKET NUMBER:  AR20040011565


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Lawrence Foster               |     |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 correction of his WD AGO Form 53-55 (Enlisted
Record and Report of Separation-Honorable Discharge) to show award of the
Distinguished Service Cross and the Soldier's Medal.

2.  The applicant states, in effect, the Distinguished Service Cross and
the Soldier's Medal are not on his discharge form and he and his family
would like to have it corrected before he dies.

3.  The applicant provides a WD AGO Form 53-55 with the ending period
18 June 1945; a letter from Headquarters, Sherman Field, Office of the
Commanding Officer, dated 15 March 1946; and a copy of a citation excerpt.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 18 June 1945.  The application submitted in this case is dated
23 November 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 in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

4.  The applicant's WD AGO Form 53-55 shows he enlisted in the Army on
6 November 1942.  The applicant served in the European-African-Middle
Eastern Theater of Operations from 22 September 1943 through 9 February
1945 while assigned to the 451st Bombardment Squadron.  He was honorably
discharged on 18 June 1945 after participating in one campaign.


5.  Item 33 (Decorations and Citations) shows the applicant was awarded the
Air Medal (2nd Silver Leaf Cluster), the Purple Heart (1st Bronze Oak Leaf
Cluster), the Good Conduct Medal, the Distinguished Unit Badge 322nd
Bombardment Group, and the European-African-Middle Eastern Campaign Medal.


6.  The applicant submitted a letter from Headquarters, Sherman Field,
Office of the Commanding Officer, dated 15 March 1946.  This document shows
the War Department had awarded him the Distinguished Service Cross and the
Soldier's Medal.

7.  The applicant submitted a copy of the citation awarding him the
Distinguished Service Cross for his extraordinary heroism in action against
the enemy while serving as Navigator/Bombardier on a B-26 Aircraft on 3
October 1944 and the Soldier's Medal for heroism during a bombing run over
an enemy controlled railroad yard in France.

8.  There are no General Orders in the applicant's records that show he was
awarded the Distinguished Service Cross or the Soldier's Medal.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Distinguished Service Cross is awarded to a person, who while
serving in any capacity with the Army, distinguished himself or herself by
extraordinary heroism while engaged in action against an enemy of the
United States not justifying award of the Medal of Honor.  The act or acts
of heroism must have been so notable and have involved risk of life so
extraordinary as to set the individual apart from his or her comrades.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the
Soldier's Medal is awarded for distinguished heroism not involving actual
conflict with the enemy.  The performance must have involved personal
hazard or danger and the voluntary risk of life under conditions not
involving conflict with an armed enemy. Awards of the Soldier’s Medal will
not be made solely on the basis of having saved a life.

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
World War II Victory Medal.  It is awarded for service between 7 December
1941 and 31 December 1946, both dates inclusive.

12.  Army Regulation 600-8-22, in pertinent part, authorizes a bronze
service star, based on qualifying service, for each campaign listed in
Appendix B of this regulation or listed in item 32 (Battles and Campaigns)
of the WD AGO Form
53-55.  The regulation states that authorized bronze service stars will be
worn on the appropriate campaign or service medal including the European-
African-Middle Eastern Campaign Medal.

DISCUSSION AND CONCLUSIONS:

There are no orders in the applicant's service personnel records that show
he was awarded the Distinguished Service Cross or the Soldier's Medal.
However, a letter from Headquarters, Sherman Field, Office of the
Commanding Officer, dated 15 March 1946 clearly confirms that the applicant
was awarded the Distinguished Service Cross and the Soldier's Medal for his
heroism while serving in the European theater.  He is also eligible for
award of the World War II Victory Medal and one bronze service star to be
worn on his European-African- Middle Eastern Campaign Medal.  Therefore,
the applicant's WD AGO Form 53-55 should be amended to add these awards.

BOARD VOTE:

__ TSK  _  __ JTM  _  __ LF ___  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 amending his WD AGO Form 53-55 to add
award of the Distinguished Service Cross, the Soldier's Medal, the World
War II Victory Medal, and one bronze service star to be worn on his
European-African- Middle Eastern Campaign Medal.




                                  ____ Mr. Ted S. Kanamine __
                                              CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011565                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |19 July 2005                            |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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