RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:             OCTOBER 14, 2004
      DOCKET NUMBER:    AR2004102097


      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. Linda Simmons                 |     |Member               |
|     |Mr. Richard Dunbar                |     |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 be added to
his WD AGO Form 53-55, Enlisted Record and Report of Separation – Honorable
Discharge.

2.  The applicant states, in effect, that he was awarded the Purple Heart
but it was omitted from his WD AGO Form 53-55.  He is hard of hearing
because he was in the artillery and all those guns going off caused it.  He
would like to file for service-connected disability.  He has the medal but
not the proper paperwork to file.

3.  The applicant provides a photocopy of the Purple Heart and a news
article stating he was wounded in action on the German front.

CONSIDERATION OF EVIDENCE:

1.  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 records.

2.  The applicant's WD AGO Form 53-55, with an effective date of 10
September 1945 shows the applicant was inducted on 16 June 1942 and entered
service at Jefferson Barracks, Missouri, on the same date.  The applicant
was honorably discharged, under the provisions of Army Regulation (AR) 615-
365, for the convenience of the Government, at demobilization, in the grade
of Corporal on 10 September 1945.

3.  The applicant's WD AGO Form 53-55 shows he was awarded the European-
African-Middle Eastern Campaign Ribbon [correctly knows as the European-
African-Middle Eastern Campaign Medal], with five bronze service stars; the
Good Conduct Medal; and two overseas service bars.  The Purple Heart is not
shown on the WD AGO Form 53-55.

4.  Item 30 (Military Occupational Specialty and No.), of the applicant's
WD AGO Form 53-55, shows the applicant was a Gunner, military occupational
specialty, 603.

5.  Item 31 (Military Qualification and Date), of the applicant's WD AGO
Form
53-55, shows that the applicant was awarded the Sharpshooter Marksmanship
Qualification Badge, with Carbine Bar, on 22 November 1943, and the
Sharpshooter Marksmanship Qualification Badge, with Pistol Bar, on 30 July
1943.

6.  Item 34 (Wounds Received in Action), of the applicant's WD AGO Form
53-55, shows the entry, "None."  The applicant provided no orders awarding
him the Purple Heart although; he did submit a newspaper article, which
stated that he had been wounded in action while serving on the German
front.  The date the applicant was wounded and the unit, to which the
applicant was assigned when wounded in action, was not given in the
newspaper article.

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

8.  Item 36 (Service Outside Continental U.S. and Return) shows that the
applicant departed the United States on 11 February 1944 and arrived in the
European Theater of Operations (ETO) on 23 February 1944.  The applicant
departed the ETO and arrived in the United States on 31 July 1945.

9.  The applicant completed 1 year, 9 months, and 4 days aggregate
continental service and 1 year, 5 months, and 21 days foreign service
before he was honorably discharged.

10.  The applicant authenticated the WD AGO Form 53-55 in his own hand on
the date of his discharge from the Army, attesting that the information
recorded on the form was, to the best of his knowledge, accurate and
complete.

11.  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.

12.  AR 600-8-22 provides, in pertinent part, for award of the American
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.

13.  The applicant's medical records are not available for review, and the
applicant provided none, to show his medical fitness and the state of his
hearing on the date he was separated from the Army.

DISCUSSION AND CONCLUSIONS:

1.  The evidence submitted by the applicant is insufficient to establish a
basis upon which to recommend addition of the Purple Heart to his WD AGO
Form 53-55.

2.  The information provided in the newspaper article could not be
corroborated by official Army documents and records.  In the absence of
corroborating evidence of an official nature, such as orders awarding the
applicant the Purple Heart, medical treatment records for the wound he
alleges to have sustained, or morning report entries that report him as
wounded in action, he is not entitled to have the Purple Heart added to his
WD AGO Form 53-55 at this time.

3.  The applicant's desire to have the Purple Heart added to his WD AGO
Form 53-55 to facilitate his application to receive service-connected
disability benefits is understood; however, a decision to grant relief must
be supported by a preponderance of the evidence available in official Army
records and the evidence submitted by the applicant.

4.  The applicant served on active duty during the qualifying period for
award of the World War II Victory Medal.  He is therefore entitled to have
this award added to his WD AGO Form 53-55.

5.  The applicant served in the American Theater of Operations for more
than an aggregate period of one year during the qualifying period specified
for award of the American Campaign Medal.  He is therefore entitled to have
this award added to his WD AGO Form 53-55.

6.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant's records will be accomplished
by the Case Management
Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in
paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

fe______  ls   ______  rd______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.

2.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show that the applicant was awarded the World War II Victory
Medal and the American Campaign Medal and by adding these awards to his WD
AGO Form 53-55.





            __     _Fred Eichorn___
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004102097                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041014                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  47   |107.0000                                |
|2.  61                  |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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