RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          3 August 2004
      DOCKET NUMBER:  AR2004100182


      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. Luis Almodova                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Ms. Gail J. Wire                  |     |Member               |
|     |Mr. John T. Meixell               |     |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, in effect, that the Purple Heart, with oak leaf
cluster, and the Bronze Star Medal, with "V" Device, be added to his
separation document.

2.  The applicant states, in effect, that his separation document fails to
show the above listed awards.

3.  The applicant provides a copy of his WD AGO Form 53-55, Enlisted Record
and Report of Separation – Honorable Discharge; a copy of a certificate
awarding him the Bronze Star Medal; a copy of General Orders Number 20,
Headquarters, 19th General Hospital, dated 23 September 1944; and a copy
of several U.S. Army Medical Department records related to injuries he
received in action in 1944; and a copy of a letter of support, dated 14
October 2002, authored by a fellow wartime soldier.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error that occurred
on 13 December 1945.  The application submitted in this case is dated 14
October 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 request for award of the Bronze Star Medal, with "V"
Device, is outside the statute of limitations on approval of award
recommendations for actions during World War II.  However, the applicant’s
request for this award can be considered under the provisions of Title 10,
United States Code, Section 1130, which governs consideration of awards not
submitted within time limits established by law.  The applicant must
exhaust this remedy before the ABCMR will consider this portion of his
request and he has been so notified by separate correspondence.  Therefore,
consideration of award of the Bronze Star Medal, with "V" Device, to the
applicant will not be discussed further in these Proceedings.

4.  The applicant was inducted on 1 October 1942 and entered service at
Fort Bragg, North Carolina, on 15 October 1942.  The applicant was
honorably discharged in the grade of Staff Sergeant on 13 December 1945.

5.  The applicant's WD AGO Form 53-55, Enlisted Record and Report of
Separation, Honorable Discharge, with an effective date of 13 December
1945, shows in Item 33 (Decorations and Citations), that he was awarded the
American Theater Medal [correctly known as the American Campaign Medal];
the EAMET Campaign Medal [correctly known as the European-African-Middle
Eastern Campaign Medal], with three bronze service stars; the Good Conduct
Medal; the Purple Heart; and the Victory Medal [correctly known as the
World War II Victory Medal].  The Purple Heart, with oak leaf cluster, is
not shown; however, on 25 October 1993, the applicant's WD AGO Form 53-55
was amended to add the Purple Heart, with oak leaf cluster.  A copy of the
document on which the correction was made is being provided the applicant
with this Record of Proceedings.  This issue will not be discussed further
in these Proceedings.

6.  Item 31 (Military Qualifications and Date), of the applicant's WD AGO
Form 53-55, shows that the applicant was awarded the Combat Infantryman
Badge.

7.  The applicant was awarded the Bronze Star Medal for meritorious
achievement in ground combat against the armed enemy during World War II in
the European-African-Middle Eastern Theater of Operations, by the Office of
The Adjutant General, on 9 July 1987, based on award of the Combat
Infantryman Badge.  There is no evidence to show that the applicant's WD
AGO Form 53-55 was amended to add this award.

8.  Department of the Army (DA) Pamphlet 672-1, Unit Citation and Campaign
Participation Credit Register, dated 6 July 1961, published to assist
commanders and personnel officers in determining and establishing the
eligibility of individual members for campaign participation credit,
assault landing credit, unit citation emblems, and occupation duty credit
for World War II and the Korean War indicates that 329th Infantry Regiment,
83rd Infantry Division, was awarded the Army of Occupation Medal, with
Germany Clasp, for the period 2 May through 31 October 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Bronze Star Medal for meritorious
achievement in ground combat against the armed enemy during World War II.
There is no evidence to show that this award has been added to his WD AGO
Form 53-55.  It would be appropriate to add it at this time.

2.  The applicant was a member of the 329th Infantry Regiment, 83rd
Infantry Division; at the time this unit was awarded credit for the
occupation of Germany.  He is therefore entitled to award of the Army of
Occupation Medal, with Germany Clasp, and to have it added to his WD AGO
Form 53-55.

BOARD VOTE:

__fe____  __gjw___  __jtm___  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 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 adding the Bronze Star Medal and the
Army of Occupation Medal, with Germany Clasp, to the applicant's WD AGO
Form 53-55.




                 Fred Eichorn
            ______________________
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004100182                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |                                        |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  61                  |107.0015                                |
|3.  60                  |107.0014                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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