RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                OCTOBER 26, 2004
      DOCKET NUMBER:        AR2004101928


      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. John Slone                    |     |Chairperson          |
|     |Mr. Curtis Greenway               |     |Member               |
|     |Ms. Eloise Prendergast            |     |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 Bronze Star Medal be added
to his WD AGO Form 53-55, Enlisted Record and Report of Separation-
Honorable Discharge.  The applicant also requests that he be awarded the
Purple Heart for a wound he sustained on the left cheek for which he was
never issued the Purple Heart.

2.  The applicant states, that he earned the Bronze Star Medal and it is
not shown on his WD AGO Form 53-55.  In addition, he states he was wounded
in the left cheek but was never issued the Purple Heart and he would like
these awards added to his separation document.

3.  The applicant provides a copy of his WD AGO Form 53-55 and a copy of a
certificate, which awards him the Bronze Star Medal, in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error and an
injustice that occurred on 2 November 1945.  The application submitted in
this case is dated 16 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 were lost or destroyed in the National
Personnel Records Center fire of 1973.  Information herein was obtained
from reconstructed personnel and other available records.

4.  The available records show that the applicant enlisted in the Regular
Army on 4 December 1942.  He entered active duty on 26 May 1943.  The
applicant was honorably discharged in the grade of Staff Sergeant on 2
November 1945.

5.  The applicant's WD AGO Form 53-55, Enlisted Record and Report of
Separation, Honorable Discharge, with an effective date of 2 November 1945
shows, in Item 33 (Decorations and Citations), that he was awarded the
European-African-Middle Eastern Campaign Medal, with four bronze service
stars; the American Theater Ribbon [correctly known as the American
Campaign Medal; and the Good Conduct Medal.  The Purple Heart is not shown.

6.  Item 30 (Military Occupational Specialty [MOS] and No.) shows the
applicant was a Platoon Guide, MOS 745, while he served on active duty.

7.  Item 31 (Military Qualification and Date), of the applicant's WD AGO
Form
53-55, shows that the applicant was awarded the Marksman Marksmanship
Qualification Badge, with Rifle Bar; and the Combat Infantryman Badge.

8.  Item 32 (Battles and Campaigns) shows that the applicant was given
credit for participating in the following campaigns of World War II:
Naples Foggia, Rome Arno, Southern France, and Central Europe.

9.  Item 34 (Wounds Received in Action), of the applicant's WD AGO Form
53-55, shows the entry, "Left Jaw."  The font used for this entry is
inconsistent with the type used in recording entries throughout the
remainder of the separation document.

10.  Item 55 (Remarks) shows that the applicant was issued the Lapel Button
[correctly known as the Honorable Service/Discharge Emblem].

11.  Item 36 (Service Outside Continental U.S. and Return) shows that the
applicant departed the United States on 18 November 1943 and arrived in the
European Theater of Operations (ETO) on 27 November 1943.  The applicant
departed the ETO on 10 April 1945 and arrived in the United States on
20 April 1945.

12.  The applicant was awarded the Bronze Star Medal, for meritorious
achievement in ground combat against the armed enemy during World War II,
on 1 February 1989.  The Bronze Star Medal was awarded the applicant based
on award of the Combat Infantryman Badge.  This award was not added to the
applicant's WD AGO Form 53-55 when it was awarded.

13.  The applicant's name and other Army identification information is in
the National Archives and Records Administration (NARA) World War II
Prisoners of
War Data File.  When captured, the applicant was assigned to the 157th
Infantry Regiment, 45th Infantry Division, and was serving in the rank of
Staff Sergeant.

14.  The World War II Prisoners of War Data File maintained by NARA shows
that the applicant was captured in France by German forces during World War
II and was held prisoner at Stalag 3C, Alt Drewitz, Brandenburg, Prussia.

15.  The applicant was awarded the Prisoner of War Medal, on 9 December
1988, by the Army Reserve Personnel Administration Center; however, this
award was not added to his WD AGO Form 53-55.

16.  Army Regulation (AR) 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.

17.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign
Participation Credit Register, shows that the 157th Infantry Regiment,
45th Infantry Division, was awarded the French Croix de Guerre, for the
period 1 through 31 January 1944, by Department of the Army General
Order Number 43, dated 1950.  This same pamphlet also shows that the unit
was awarded assault landing credit for its landing in Southern France on 15
and 16 August 1944, while the applicant was a member of the unit.

18.  AR 600-8-22 provides, in pertinent part, that the Purple Heart is
awarded for a wound sustained as a result of hostile action.
Substantiating evidence must be provided to verify that the wound was the
result of hostile action, the wound must have required treatment, and the
medical treatment must have been made a matter of official record.

19.  AR 600-8-22 provides, in pertinent part, for the “arrowhead” to be
worn on the appropriate service medal to denote participation in a combat
parachute jump, helicopter assault landing, combat glider landing, or
amphibious assault landing while assigned or attached as a member of an
organized force carrying out an assigned tactical mission.  The regulation
specifies that individual assault credit is tied directly to the combat
assault credit decision for the unit to which the soldier is assigned.  The
regulation requires that the unit must be credited with a combat assault in
order for the soldiers to receive credit for a combat assault and
the soldier must physically exit the aircraft or the watercraft as
appropriate.  The regulation also specifies that the arrowhead is
authorized for wear on the Asiatic-Pacific Campaign Medal, the European-
African-Middle Eastern Campaign Medal, the Korean Service Medal, the
Vietnam Service Medal, and the Armed Forces Expeditionary Medal.  In this
case, the European-African-Middle Eastern Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Combat Infantryman Badge during World
War II.  The applicant was awarded the Bronze Star Medal based on his being
awarded the Combat Infantryman Badge.  This award was not added to his
WD AGO Form 53-55.  The applicant is therefore entitled to have the Bronze
Star Medal added to his separation document at this time.

2.  The evidence shows that the applicant was a prisoner of war during
World War II.  He was awarded the Prisoner of War Medal but it was not
added to his WD AGO Form 53-55.  The applicant is therefore entitled to
have the Prisoner of War Medal added to his separation document at this
time.

3.  The font for the entry shown in Item 34 is inconsistent with the type
font that was used throughout the remainder of the applicant's separation
document.  The entry is also inconsistent with the guidance given for
recording of wounds received by Soldiers during World War II.  The evidence
is not sufficiently compelling to base award of the Purple Heart and its
addition to the applicant's separation document.

4.  The applicant served honorably in the Army of the United States from 26
May 1943 until 2 November 1945.  He is therefore entitled to award of the
World War II Victory Medal and to have it added to his separation document
at this time.

5.  The applicant’s unit, the 157th Infantry Regiment, 45th Infantry
Division, was cited for award of the French Croix de Guerre at the time the
applicant was
assigned to the unit.  The applicant is therefore entitled to correction of
Item 55 (Remarks) on his WD AGO Form 53-55 to add the entry, “French Croix
de Guerre – Unit Citation – No Emblem Authorized.”

BOARD VOTE:

________  ________  ________  GRANT RELIEF

js   _____  ep______  cg ______  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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:

      a.  adding the already-awarded Bronze Star Medal and the Prisoner of
War Medal to the applicant's WD AGO Form 53-55;

      b.  awarding the applicant the World War II Victory Medal and adding
this award to the applicant's separation document;

      c.  awarding the applicant a bronze arrowhead device, to denote his
participation with his unit in the assault landing in Southern France, to
be affixed to his already-awarded European-African-Middle Eastern Campaign
Medal, with four bronze service stars;


      d.  awarding the applicant the French Croix de Guerre and adding the
entry, “French Croix de Guerre – Unit Citation – No Emblem Authorized” to
Item 55 (Remarks) on his WD AGO Form 53-55.
2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Purple Heart to the applicant at this time.




            _    ___John Slone_____
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004101928                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041026                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT IN PART                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  61                  |107.0015                                |
|3.  60                  |107.0014                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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