BOARD DATE:	  16 August 2011

		DOCKET NUMBER:  AR20110002299 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that the records of his father, a deceased former service member (FSM), be corrected to show his prisoner of war (POW) status.

2.  The applicant states the FSM was captured by the Germans and he was held in a POW status 31 days.

3.  The applicant provides the FSM's death certificate, WD AGO Form 100 (Separation Qualification Record), and his own birth certificate.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The FSM'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 FSM's records were lost or destroyed in that fire.  However, there were sufficient documents provided by the applicant for the Board to conduct a fair and impartial review of this case.

3.  The available evidence shows the FSM was inducted into the Army of the United States on 4 April 1944.  He was awarded military occupational specialty number 745 (Rifleman) and the highest rank he held during his tenure of service was corporal.

4.  The FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) shows he arrived in the European-African-Middle Eastern Theater of operations on 26 September 1944 and was credited with participation in the Ardennes and Rhineland campaigns.  He departed for return to the United States on 6 May 1945.

5.  He was honorably discharged on 3 December 1945 due to demobilization after completing 1 year and 8 months of active service.

6.  A search of the FSM's available military records failed to reveal any evidence he was a POW.

7.  A search of the World War II Data File of American POWs from 1941-1945 revealed no record of the FSM being a POW.

DISCUSSION AND CONCLUSIONS:

There is no evidence in his available military records and no entry was found in the World War II Data File of American POWs from 1941-1945 to indicate the FSM was a POW.  Unfortunately, absent evidence such as a unit morning report showing he was a POW there is insufficient evidence to support correcting the FSM's records to show he was a World War II POW.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x___  __x______  ____x___  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

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.




      _______ _   x_______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20110002299



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ABCMR Record of Proceedings (cont)                                         AR20110002299



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