Search Decisions

Decision Text

ARMY | BCMR | CY1996 | 9606103C070209
Original file (9606103C070209.TXT) Auto-classification: Denied
APPLICANT REQUESTS: That his military records be corrected to reflect that he was a Prisoner of War (POW) of the Germans during World War II.  In support of his request he provides a letter from another former soldier who claims he was taken prisoner at the same time.    

PURPOSE:  To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

EVIDENCE OF RECORD:  The applicant's military records show:
		
He was inducted on 23 November 1942 and was honorably discharged on 28 November 1945 after having served 10 months and 15 days in the European Theater of Operations.  His significant awards include the Combat Infantryman Badge, the World War II Victory Medal, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal and the Good Conduct Medal.

There is no evidence in the available records to indicate that the applicant was ever listed as a POW.  A review of morning reports for the applicant’s unit of assignment for the period 17 through 21 April 1944 also failed to disclose any information concerning a status change pertaining to the him that would identify him as a POW.

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.  Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

DISCUSSION:  The alleged error or injustice was, or with reasonable diligence should have been discovered on 28 November 1945 the date he was discharged from active duty and signed his report of separation.  However, in view of the fact that the Board was not established until 2 January 1947 the applicant’s 3 year period in which to file an application for correction of military records expired on 2 January 1950; 3 years from the date the Board was established.

The application is dated 30 August 1991 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.

DETERMINATION:  The subject application was not submitted within the time required.  The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.

BOARD VOTE:

                      EXCUSE FAILURE TO TIMELY FILE

                      GRANT FORMAL HEARING

                      CONCUR WITH DETERMINATION




		David R. Kinneer
		Executive Secretary

Similar Decisions

  • ARMY | BCMR | CY2003 | 03095774C070212

    Original file (03095774C070212.rtf) Auto-classification: Denied

    He was discharged on 29 July 1945. However, in view of the fact that the board was not established until 2 January 1947 the applicant’s 3 year period in which to file an application for correction of military records expired on 2 January 1950, 3 years from the date the Board was established. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.

  • ARMY | BCMR | CY2013 | 20130007376

    Original file (20130007376.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show he was a Prisoner of War (POW) during World War II (WWII). Records show the applicant served a qualifying period of service for award of the World War II Victory Medal.

  • ARMY | BCMR | CY2008 | 20080005553

    Original file (20080005553.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 17 September 2008 DOCKET NUMBER: AR20080005553 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows he was awarded the Army Good Conduct Medal, the European-African-Middle Eastern Campaign Medal, the American Theater Campaign Medal, and the World War II Victory Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by...

  • ARMY | BCMR | CY2005 | 20050005822C070206

    Original file (20050005822C070206.doc) Auto-classification: Approved

    The applicant's military records are not available to the Board for review. There is no evidence in the available records which shows the applicant was a POW during World War II. Notwithstanding the conclusion regarding denial of the award of the POW Medal, the Board determined that the evidence was sufficient for award of the POW Medal in this case.

  • ARMY | BCMR | CY2012 | 20120009911

    Original file (20120009911.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) to add his Prisoner of War (POW) Medal and POW status. The applicant provides: * Western Union Telegram, dated 31 March 1945 * POW post card, dated 6 February 1945 * Honorable Discharge Certificate CONSIDERATION OF EVIDENCE: 1.

  • ARMY | BCMR | CY2014 | 20140017017

    Original file (20140017017.txt) Auto-classification: Approved

    The applicant requests correction of the records of his deceased father, a former service member (FSM), to show he was wounded in action and awarded the Purple Heart. He also requests, in effect, correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separations – Honorable Service) to show: * the FSM's prisoner of war (POW) status * Purple Heart and POW Medal 2. As a result, the Board recommends that all Department of the Army records of the individual concerned be...

  • ARMY | BCMR | CY2010 | 20100029255

    Original file (20100029255.txt) Auto-classification: Approved

    The applicant, the son of a deceased former service member (FSM), requests award of the Prisoner of War (POW) Medal to his late father and its addition to his father's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge). As such, it would appropriate to correct the FSM's WD AGO Form 53-55 to show he was a POW from 4 October 1944 to April 1945 in Germany. As a result, the Board recommends that all Department of the Army records of the individual concerned be...

  • ARMY | BCMR | CY2008 | 20080012082

    Original file (20080012082.txt) Auto-classification: Approved

    The applicant essentially states that the FSM's military records do not show that he was a POW, but that documents from the National Archives and Records Administration (NARA) show that he was in fact a POW during World War II. Therefore, it would be appropriate at this time to award him the POW Medal, and correct his military records to show the award of the POW Medal. Therefore, he is entitled to correction of his military records to show the award of the World War II Victory Medal.

  • ARMY | BCMR | CY2006 | 20060017375C071029

    Original file (20060017375C071029.doc) Auto-classification: Denied

    The applicant's WD AGO Form 52-55 provides no indication that the applicant was a POW during World War II, and the applicant authenticated this document with his signature on the date of his separation. Although these documents indicate Companies E and G may have been taken prisoner, and shows that members of the regiment were reported MIA during the action in question, there is no specific information contained in these documents related to the applicant. Therefore, the Board...

  • ARMY | BCMR | CY2003 | 2003090535C070212

    Original file (2003090535C070212.rtf) Auto-classification: Approved

    The applicant’s military records were not available to the Board for review. Paragraph 2-8f of the awards regulation states that for those who became Prisoners of War after 25 April 1962, the PH will be awarded to individuals wounded while prisoners of foreign forces, upon submission by the individual to the Department of the Army of an affidavit that is supported by a statement from a witness, if this is possible. Therefore, it would be appropriate to award the applicant the PH, for being...