MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:           7 August 2003                   
	DOCKET NUMBER:   AR2002081957

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas B. Redfern		Member	
	Ms. Mae M. Bullock		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records

	Exhibit B - Military Personnel Records (including advisory opinion, if any)

APPLICANT REQUESTS:  That his records be corrected by showing that he was a prisoner of war (POW) and by awarding him the POW Medal.

APPLICANT STATES:  In effect, he was captured on or about 31 March 1945 and liberated 12 April 1945.  

EVIDENCE OF RECORD:  The applicant's military records were partially lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed personnel records.

The applicant entered active duty on 13 February 1943.  He completed training with deployment to Europe on 23 November 1943 

The applicant’s War Department Adjutant General Office Form 53-55 (WD AGO Form 53-55) shows he served in Europe from 4 December 1943 through 27 January 1946.  His awards and decorations are listed as the Combat Infantryman Badge, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal with three bronze service stars, the Good Conduct Medal, and the World War II Victory Medal.  He is shown to have qualified at three levels with the M-1 rifle.  At the time of his discharge, 16 February 1946, he was listed as a sergeant, with a military occupation specialty of 745 Squad Leader. 

The applicant submits a statement from Lieutenant Colonel Jay H_______ (retired), the writer of the 76th Infantry Division, U. S. Army Chronology (1990), who states that his chronology lists the applicant as being captured on 31 March 1945 and liberated on 12 April 1946.

The applicant also submits a handwritten recollection of his period of capture, outlining how he and his men were captured, where they were moved to, and the circumstances surrounding their liberation.

In the processing of this application the official POW listing and the historical files of the applicant’s unit, Company L, 417th Infantry Regiment, 76th Infantry Division, were reviewed.  Neither of these reviews identified the applicant as having been a POW.

Army Regulation 600-8-22 provides, in pertinent part, for award of the POW Medal.  The regulation states that the POW Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive.

Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge (CIB) or the Combat Medical Badge (CMB) is considered to be a citation in orders.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The Board recognizes that with the destruction of applicant’s official records, secondary sources of information are necessary to fairly evaluate an applicant’s request.  However, without some corroborating official information, award of the POW Medal is not warranted. 

2.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  The Army Review Boards Agency Support Division, St. Louis will be asked to issue a DD Form 215 to show that the applicant's authorized awards include award of the Bronze Star Medal based on his receipt of the CIB. 

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

	Carl W. S. Chun
	Director, Army Board for Correction
	of Military Records

INDEX

CASE ID	AR2002081957	
SUFFIX		
RECON		
DATE BOARDED	20030807	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107 - POW Medal	
2.		
3.		
4.		
5.		
6.