RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 JANUARY 2005
      DOCKET NUMBER:  AR2004106585


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Walter Morrison               |     |Chairperson          |
|     |Ms. Eloise Prendergast            |     |Member               |
|     |Ms. Jeanette McCants              |     |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 correction of his Honorable Discharge
Certificate and his Enlisted Record and Report of Separation (WD AGO Form
53-55) to show his unit as Battery B, 189th Field Artillery Battalion, 45th
Infantry Division; to show that he participated in the Anzio and Ardennes-
Alsace campaigns during World War II; and to show award of the Presidential
Unit Citation.

2.  The applicant states that he was assigned to Battery B, 189th Field
Artillery Battalion from 8 September 1943 at Salerno, Italy until June
1945.  He was assigned to Battery B, 746th Field Artillery Battalion from
June 1945 to October 1945 during the occupation.  His discharge documents
do not show that he served in combat with the 45th Infantry Division.  In
addition to the five campaigns shown on his Enlisted Record and Report of
Separation, he also participated in the Anzio and Ardennes-Alsace
campaigns.  According to an article in a newsletter, the 189th was awarded
the Presidential Unit Citation for action near the Sele-Calore Rivers on 13
September 1943.

3.  The applicant provides a copy of his Honorable Discharge Certificate,
his     WD AGO Form 53-55, and his Separation Qualification Record.  He
also provides a copy of the above-mentioned newsletter article, and a copy
of a letter of commendation from the 45th Infantry Division Artillery
commander.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 29 October 1945.  The application submitted in this case
is dated    18 March 2004.

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, the
documents submitted by the applicant are sufficient for the Board to
conduct a fair and impartial review of this case.

4.  The applicant's Enlisted Record and Report of Separation shows that he
was inducted into the Army on 22 February 1943, arrived in the
Mediterranean Theater of Operations (MTO) on 8 September 1943 and on 15
August 1944 arrived in the European Theater of Operations (ETO).  He
returned to the United States in October 1945 and was discharged at Fort
Dix, New Jersey separation center on 29 October 1945.  His organization
shown on his Honorable Discharge Certificate and his Enlisted Record and
Report of Separation is Battery B,     746th Field Artillery Battalion.
His Enlisted Record and Report of Separation shows that he participated in
five campaigns – Central Europe, Naples-Foggia, the dates of which are 9
September 1943 to 21 January 1944, Rhineland,   Rome-Arno, and Southern
France.  He was awarded the European-African-Middle Eastern Service Medal
with bronze arrowhead and the Good Conduct Medal.

5.  On 25 March 1944 the 45th Infantry Division Artillery commander
commended the applicant, then assigned to Battery B, 189th Field Artillery
Battalion, for his performance of duty.

6.  The applicant's "Soldier's Deposit Book" shows that he deposited money
on three occasions, 10 February 1944, 6 February 1945, and 20 April 1945.
Each deposit was attested to by the personnel officer of the 189th Field
Artillery Battalion.

7.  War Department Technical Manual12-235, then in effect, provides for
uniform procedures for discharging and releasing personnel from active
duty, and states in pertinent part that, "A Report of Separation is
completed from Service Record, Soldier's Qualification Card, Immunization
Register, and information ascertained by interview with the dischargee."

8.  A 1948 version of the above-mentioned technical manual provides for the
preparation of separation forms and states in pertinent part that the
Soldier's organization [on his report of separation] will show the arm or
service of the last unit or similar element to which he was assigned,
rather than the arm or service of the element of which he was a part while
moving to a separation activity.

9.  The Unit Citation and Campaign Participation Credit Register shows that
the 189th Field Artillery Battalion, 45th Infantry Division, participated
in eight campaigns during World War II, the five as shown on the
applicant's report of separation, the Sicily campaign, completed prior to
the applicant's arrival in the MTO, and the Anzio and Ardennes-Alsace
campaigns.  The register shows that the 189th was awarded the Distinguished
Unit Citation (now the Presidential Unit Citation) for its actions from 9-
13 September 1943 and the French Croix de Guerre for its actions from 1-31
January 1944.  The 189th participated in four assault landings, one of
which occurred prior to the applicant's arrival in the MTO.

10.  The Unit Citation and Campaign Participation Credit Register shows
that the 746th Field Artillery Battalion participated in one campaign,
Central Europe, the dates of which were from 22 March to 11 May 1945, and
in the occupation of Germany from 20 May to 29 September 1945.

11.  Service (campaign) medals and service ribbons denote honorable
performance of military duty within specified limited dates in specified
geographical areas.  Army Regulation 600-8-22, paragraph 6-7 provides for
service stars for wear on campaign and service ribbons to denote an
additional award, and states that service stars are authorized for wear on
the European-African-Middle Eastern Campaign Medal.  A silver star is worn
instead of five bronze service stars.

12.  The Army of Occupation Medal with Germany clasp is awarded for service
for 30 consecutive days in Germany between 9 May 1945 and 5 May 1955.

13.  The World War II Victory Medal is awarded for service between 7
December 1941 and 31 December 1946.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was with the 189th Field Artillery
Battalion from September 1943 upon his arrival in the MTO until his
transfer to the 746th Field Artillery Battalion in June 1945.  The evidence
shows his participation in five campaigns.  The 746th participated in one
campaign during the war, Central Europe, which began on 22 March 1945.  The
evidence shows that he was assigned to the 189th in early 1944 until at
least April 1945, as shown by his Soldier's Deposit Book.  It is highly
probable that his wartime service in Europe was solely with the 189th as
indicated by the evidence, to include the evidence of his campaign
participation credit.  Consequently, his contention that he served with the
189th from September 1943 until June 1945 is accepted.

2.  Nonetheless, the applicant's organization as shown on his Honorable
Discharge Certificate and Enlisted Record and Report of Separation is not
incorrect.  Because of the passage of time, the rules in effect for the
preparation of the applicant's separation documents are unavailable to the
Board, except as indicated above.  However, it would appear that those
rules concerning the designation of the applicant's organization on his WD
AGO Form 53-55 would not differ in 1948 from those in 1945.  The
applicant's assigned unit for approximately four months prior to his
assignment to a separation center at Fort Dix, as he himself states, was
with the 746th.  His separation documents, in this regard, are correct.
The applicant's request to correct his organization, as shown on his
separation documents is not accepted.

3.  The 189th participated in seven campaigns, to include the Anzio and
Ardennes-Alsace campaigns, after the applicant's arrival in the MTO.  His
records do not show participation in those two campaigns and there is no
evidence of his participation.  Nevertheless, he was assigned to the 189th
during the periods of those campaigns, and it is most likely that he was
involved in the two campaigns. Therefore, his request to correct his record
to show participation in the Azio and Ardennes-Alsace campaigns is
accepted.  His record should then be corrected to show award of the
European-African-Middle Eastern Campaign Medal with one silver service
star, two bronze service stars, and one bronze arrowhead.

4.  By the same token, it is probable that the applicant was assigned to
the    189th when it was awarded the Distinguished Unit Citation and the
French Croix de Guerre for its actions.  Any doubt to be resolved in this
regard, as in the matter concerning his campaigns, should be in favor of
the applicant.  Consequently, his record should be corrected to reflect
those two awards.

5.  The applicant is entitled to award of the Army of Occupation Medal with
Germany clasp.  He is entitled to award of the World War II Victory Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___WM  _  ___EP __  ___JM __  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 showing participation
in the Anzio and Ardennes-Alsace campaigns; award of the European-African-
Middle Eastern Campaign Medal with one silver service star, two bronze
service stars and one bronze arrowhead, the Presidential Unit Citation,
French Croix de Guerre, Army of Occupation Medal with Germany clasp, and
the World War II Victory Medal.

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
correcting the applicant's organization on his Honorable Discharge
Certificate and his Enlisted Record and Report of Separation (WD AGO Form
53-55).




                            _____ Walter Morrison_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004106585                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050113                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |110.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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