RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 December 2004
      DOCKET NUMBER:  AR2004105201


      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. Robert J. McGowan             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Mr. John E. Denning               |     |Member               |
|     |Mr. James B. Gunlicks             |     |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 WD AGO Form 53-55 (Enlisted
Record and Report of Separation - Honorable Discharge) be corrected to show
his correct organization.

2.  The applicant states that he served with the 302nd Signal Operation
Battalion as a motor messenger during World War II.  When he was due to
return from Europe to the United States, he was assigned to the 367th
Combat Engineer Battalion, but he never served with this unit.

3.  The applicant provides a letter and a copy of portions of the 302nd
Signal Operation Battalion unit history in World War II.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records are not available to the Board.  A
fire destroyed approximately 18 million service members’ records at the
National Personnel Records Center in 1973 and it is believed that the
applicant’s records were lost or destroyed in that fire.  This case is
being considered using reconstructed records, which primarily consist of
his WD AGO Form 53-55 and the unit history provided by the applicant.

2.  The applicant is requesting correction of an alleged error or injustice
which occurred on 3 November 1945, the date of his separation from the Army
of the United States.  The application submitted in this case is dated 15
March 2004.

3.  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.

4.  The applicant is a World War II-era veteran.  His WD AGO Form 53-55
reflects the following:

      a.  Item 4 (Arm or Service) – CE (for Corps of Engineers).

      b.  Item 6 (Organization) – Co A, 367th Engr Combat Bn (for Company
A, 367th Combat Engineer Battalion).

      c.  Item 32 (Battles and Campaigns) – Normandy, Northern France,
Rhineland, Central Europe.

      d.  Item 33 (Decorations and Awards) – Good Conduct Medal, European-
African-Middle Eastern Theater Service Medal [now Campaign Medal], three
Overseas Service Bars, [WWII] Lapel Button.

5.  The 302nd Signal Operation Battalion's WWII history shows the applicant
as a member of Company A, 302nd Signal Operation Battalion.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in WWII and the Korean War.  This document shows the unit to which
the applicant was assigned was cited for award of the Army of Occupation
Medal with Germany Clasp for occupation duty in Heidelberg, Germany from 20
May to 31 October 1945.

7.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department
of the Army criteria, policy and instructions concerning individual
military awards, the Good Conduct Medal, service medals and service
ribbons, combat and special skill badges and tabs, unit decorations, and
trophies and similar devices awarded in recognition of accomplishments.  It
states, in pertinent parts:

      a.  The World War II Victory Medal (WWII Victory Medal) is awarded
for service between 7 December 1941 and 31 December 1946, both dates
inclusive.

      b.  A bronze service star is awarded, based on qualifying service,
for each campaign listed in Appendix B of this regulation and states that
authorized bronze service stars will be worn on the appropriate service
medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided sufficient evidence to prove that he was a
member of the 302nd Signal Operation Battalion during WWII and not the
367th Combat Engineer Battalion.  His WD AGO Form 53-55 should be corrected
to reflect that he was a member of the Signal Corps and Company A, 302nd
Signal Operation Battalion.

2.  As a member of the 302nd Signal Operation Battalion, the applicant is
entitled to the Army of Occupation Medal with Germany Clasp.  This should
be added to his WD AGO Form 53-55.

3.  The applicant, as a WWII veteran, is entitled to award of the World War
II Victory Medal.  This should be added to his WD AGO Form 53-55.

4.  The applicant participated in four campaigns during WWII and is
entitled to wear four bronze service stars [formerly battle stars] on his
European-African-Middle Eastern Campaign Medal.  These bronze service stars
should be added to his WD AGO Form 53-55.

BOARD VOTE:

__mdm___  __jed___  __jbg___  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 showing that his arm or service was
Signal Corps, not Corps of Engineers; that his organization was Company A,
302nd Signal Operation Battalion, not Company A, 367th Combat Engineer
Battalion; and that he was awarded the Army of Occupation Medal with
Germany Clasp, the World War II Victory Medal, and four bronze service
stars for wear on his European-African-Middle Eastern Campaign Medal.




                                  Mark D. Manning
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004105201                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041207                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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