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Decision Text

ARMY | BCMR | CY1995 | 9511487C070209
Original file (9511487C070209.TXT) Auto-classification: Approved
2.  In effect, the applicant requests that he be awarded the Prisoner of War (POW) Medal.    

3.  The applicant states that on 13 April 1945 he was part of a reconnaissance party which was ambushed by a German force, and he, then being a first lieutenant, and three of his men, along with soldiers from another unit were captured.  They were held until 15 April at which time they were rescued by troops from the 102nd Infantry Division.  They were subsequently returned to their unit, and the morning report and battery log of 14 April 1945 showed MIA’S (Missing in Action) returned.

4.  The applicant submits a copy of a true copy of the log from Battery B, 559th AAA (AW) Battalion, from 
8 December 1944 through 4 January 1946.  The entry for 
13 April 1945 shows that the applicant and three other soldiers were ambushed and were MIA.  The entry for 
15 April 1945 shows that the four soldiers returned from a MIA status. 

5.  The applicant entered on active duty on 6 August 1941, served in the European Theater of Operations from July 1944 to December 1945.  He was awarded the Bronze Star Medal, the European African Middle Eastern Service Medal with three bronze service stars, the American Campaign Medal, the World War II Victory Medal, the Army of Occupation Medal with Germany clasp, and the Honorable Service Lapel Button for World War II.  He was discharged on 1 March 1946. 

6.  One of the soldiers captured with the applicant on 
13 April 1945 submitted a copy of a notarized certificate by his former battery commander, who stated on 21 November 1988 that that soldier was in fact captured on 13 April and returned to his unit on 15 April 1945.  Information received from the Army Personnel Center at St. Louis indicates that that official (the former battery commander) retired from the Army as a Colonel on 12 April 1980, and passed away on 18 November 1993.


7.  The aforementioned soldier certified on 26 November 1996 that the facts and details concerning his capture and release as certified by his former battery commander also apply to the applicant.

8.  The applicant’s former executive officer certified on 
17 December 1996 that the applicant and three soldiers were taken prisoner on 13 April 1945 and held until 
15 April 1945.  

9.  Army Regulation 600-8-2 prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-9 of that regulation authorizes award of the POW Medal, and states that the POW Medal is authorized for any person who, while serving in any capacity with the U.S. Armed Forces, was taken prisoner and held captive after 5 April 1917.  The POW Medal is to be issued only to those U.S. military personnel who were taken prisoner while engaged in an action against an enemy of the United States.

10.  Paragraph 2-21 states, in pertinent part, that Army separation documents, unit journals, diaries, sworn eyewitness statements or affidavits, should be submitted to assist in validating the POW Medal award.

CONCLUSIONS:

1.  The applicant’s statement, those of individuals who support him, that he was a prisoner of war, and the log provided by the applicant are credible.  He should be awarded the POW Medal.

2.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below.


RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was a prisoner of war from 13 April 1945 until 
15 April 1945 and that he was awarded the POW Medal.                
BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON

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