RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           31 August 2004
      DOCKET NUMBER:  AR2004100616


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John N. Sloane                |     |Chairperson          |
|     |Mr. Joe R. Schroeder              |     |Member               |
|     |Mr. Robert L. Duecaster           |     |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 his separation document
(WD AGO Form 53-55) be corrected to include all awards to which he is
entitled.

2.  The applicant states, in effect, that his awards were never added to
his separation document.

3.  The applicant provides a copy of Bronze Star Medal (BSM) and PH award
orders in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred during his active duty tenure, which ended on 18 May 1945.
The application submitted in this case was received on 18 December 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.  This case is being
considered using reconstructed records, which primarily consist of the
applicant’s separation document and orders provided by the applicant.

4.  The applicant’s WD AGO Form 53-55 shows that he enlisted n the Army and
entered active duty on 15 September 1941.  He continuously served on active
duty until being honorably separated, in the rank of staff sergeant (SSG),
on
18 May 1945.
5.  The applicant’s WD AGO Form 53-55 further confirms that he served with
Battery A, 5th Field Artillery Battalion, 1st Infantry Division, in the
European Theater of Operations (ETO), 7 August 1942 through 28 December
1944.  Item 32 (Battles and Campaigns) of this document indicates that the
applicant participated in the Tunisian, Rome-Arno, Germany, Normandy,
Southern France, Algerian-Moroccan, and Sicilian campaigns World War II.

6.  Item 33 (Decorations and Awards) shows the applicant earned the Army
Good Conduct Medal and Bronze Star Medal with 1st Oak Leaf Cluster and Item
55 (Remarks) indicates he received the American Defense Service Medal and
European-African-Middle Eastern Campaign Medal.

7.  Item 34 (Wounds Received in Action) of the applicant’s WD AGO Form 53-
55 contains an entry indicating that he was wounded in action on 23 March
1943, while serving in Africa.

8.  The applicant provides a copy of General Order (GO) Number (#) 2, dated

9 April 1943, issued by Headquarters, Fifth Field Artillery Battalion,
which awarded the applicant the Purple Heart, for being wounded in action.
He also provides a copy of a Bronze Star Medal Citation indicating that he
received this award for meritorious achievement in connection with military
operations against the enemy in the North African Theater from 8 November
1943 through
17 August 1943.

9.  Army Regulation 600-8-22 contains the Army’s awards policy.  Paragraph
3-13 of the awards regulation outlines the criteria for the award of the
Bronze Star Medal (BSM).  It is awarded for to members who distinguish
themselves by heroic or meritorious achievement or service in connection
with military operations against an armed enemy; or while engaged in
military operations involving conflict with an opposing armed force in
which the United States is not a belligerent party.  The regulation
provides for denoting a second or subsequent award of the Bronze Star Medal
with an Oak Leaf Cluster.

10.  Paragraph 5-11 of the awards regulation contains guidance on the World
War II Victory Medal.  It states, in pertinent part, that it was awarded
for service between 7 December 1941 and 31 December 1946, both dates
inclusive.
11.  Paragraph 5-12 of the awards regulation contains guidance on award of
the European-African-Middle Eastern Campaign Medal.  It states, in
pertinent part, that a bronze service star is authorized with this award
for each campaign a member participated in while serving in the ETO and a
silver service star is used in lieu of 5 bronze service stars; and a bronze
arrowhead is authorized to denote assault landing credit.

12.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation
Credit Register-World War II) establishes the eligibility of individual
members for campaign participation credit, assault landing credit, and unit
citation badges awarded during World War II.  This source confirms that
during his tenure of assignment, the applicant’s unit (5th Field Artillery
Battalion, 1st Infantry Division) received credit for participation in the
following seven campaigns:  Algeria-French Morocco; Ardennes-Alsace;
Normandy; Northern France; Rhineland; Sicily (Ground); and Tunisia
(Ground).  It also received assault landing credit for Sicily and Normandy
and was awarded the French Fourragere.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he earned the Purple Heart and Bronze
Star Medal with 1st Oak Leaf Cluster was carefully considered and found to
have merit.

2.  The evidence confirms the applicant was wounded in action on 23 March
1943, as evidenced by an entry in Item 34 of his separation document.
Further, the applicant provides a copy of GO #2, dated 9 April 1943, issued
by Headquarters, Fifth Field Artillery Battalion, 1st Infantry Division,
which awarded him the Purple Heart for being wounded in action.  Thus, it
would be appropriate to add this award to his record and separation
document at this time.

3.  The evidence also confirms the applicant received two awards of the
Bronze Star Medal.  Further, it is clear these awards were made a matter of
official record, as evidenced by the entry Bronze Star Medal with 1st Oak
Leaf Cluster, which is already included in Item 33 (Decorations and
Citations) of the applicant’s his WD AGO Form 53-55.

4.  The evidence also reveals that the applicant is entitled to a silver
service star,
2 bronze service stars and a bronze arrowhead with his European-African-
Middle Eastern Campaign Medal and to the French Fourragere based on his
service and campaign participation in the ETO.  As a result, it would be
appropriate to add these awards to his record and separation document at
this time.
BOARD VOTE:

_JNS__ _  _JRS  ___  _RLD___  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 53-55 as follows:


      a.  Item 32 (Battles and Campaigns) - delete the current entry and
replace it with the entry “Algeria-French Morocco, Ardennes-Alsace,
Normandy, Northern France, Rhineland, Sicily (Ground) and Tunisia
(Ground)”;


      b.  Item 33 (Decorations and Awards) - delete the current entry and
replace it with the entry “European-African-Middle Eastern Campaign Medal
with 1 silver service star, 2 bronze service stars and bronze arrowhead,
Purple Heart, Bronze Star Medal with 1st Oak Leaf Cluster (2nd Awd),
American Defense Service Medal, French Fourragere, and World War II Victory
Medal”;


      c.  Item 55 (Remarks) - delete the American Defense Service Medal and
European-African-Middle Eastern Campaign Ribbon listed, which have been
moved to Item 33; and


      d.  by providing him a corrected separation document that includes
these changes.




            __John N. Sloane_________
                    CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004100616                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/09/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/05/18                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Demobilization                          |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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