PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 27 November 2001
         DOCKET NUMBER: AR2001058694


         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. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Lester Echols		Member
Mr. John T. Meixell		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests correction of his records to show that he was captured by the German Army near Grantorto, Italy, and held as a prisoner of war from 28 April to 2 May 1945.

3. The applicant states his military record omits the facts regarding his capture by German soldiers and prisoner of war status during World War II. In support of this application, dated 25 May 2001, the applicant provided an affidavit which states:

         “I [applicant’s name omitted], 350th Infantry Regiment, 88th Division, was captured, with the following listed members of my unit, by personnel of the German Army, on or about the 28th of April, 1945 and then freed by Italian partisans on or about 2 May 1945. I witnessed the capture of fellow soldiers listed below: [50 names omitted]. I certify the above named soldiers were held with me during the my captivity and should be recognized as former prisoners of war with a correction to their military records.”

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that he was inducted and entered active duty on 25 June 1942. He served in the European-African-Middle Eastern Theater of Operations from 23 December 1943 through 16 August 1945 and was honorably discharged on 15 October 1945.

5. The applicant’s records do not show that he was a prisoner of war. There is no evidence of record or other indication that the applicant ever received the Prisoner of War Medal.

6. The Board noted that the applicant may be entitled to other decorations and awards in addition to award of the European-African-Middle Eastern Campaign Medal with three bronze service stars and the Good Conduct Medal shown on his WD AGO Form 53-55 (Enlisted Record and Report of Separation).

7. The applicant’s WD AGO Form 53-55 shows the applicant was entitled to the Combat Infantryman Badge. However, the applicant’s WD AGO Form 53-55 does not show entitlement to the Bronze Star Medal based on award of the Combat Infantryman Badge.

8. The applicant’s WD AGO Form 53-55 also shows that he completed 19 months of “Continental Service”, thereby making him eligible for award of the American Campaign Medal. The American Campaign Medal is not shown on the applicant’s discharge document.

9. The applicant’s WD AGO Form 53-55 also does not show award of the World War II Victory Medal.
10. The Board is in possession of a copy of a 19 February 1982 document which is prepared on 88th Infantry Division Association stationary and which is purported to list the rank, name, unit of assignment of the soldiers of the 350th Infantry Regiment who “were captured near Grantorto, Italy, on the night of
29-30 April 1945.” The document states that this list was compiled from the notebook of the lieutenant who was the senior officer among those captured. The applicant’s rank, name and unit is one of the 52 names listed in this document.

11. The Board is also in possession of unit histories which describe the capture of soldiers from the Companies B; E; Cannon; Headquarters, 1st Battalion; G; K; D; F; a medic from Headquarters, 2nd Battalion; and a couple of soldiers from the 338th Field Artillery near Grantorto, Italy, on the night of 29-30 April 1945.

12. 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.

13. Army Regulation 635-5 establishes the standardized policy for preparing and distributing discharge documents. In pertinent part, it directs that, in the case of prisoners of war, the unit of assignment, country and dates of capture and release will be entered in the “Remarks” section of the discharge document.

14. 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 or the Combat Medical Badge 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. This provision did not go into effect until 10 September 1947 when Change 12 to Army Regulation 600-45 (Decorations) was published; therefore, many soldiers separated prior to this date are entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge, but have never been awarded the Bronze Star Medal.

15. Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal. This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946. Qualifying service includes permanent assignment outside the continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

16. Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal. It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

CONCLUSIONS:

1. There is no evidence of record which lists the applicant as a prisoner of war during World War II.

2. The Board considered the affidavit prepared on 7 June 2001 which attests the applicant and 51 other persons were captured on 28 April 1945. In the absence of evidence of record to show the applicant was a prisoner of war, this affidavit prepared over 55 years after the event in question is not by itself sufficient as a basis for award of the Prisoner of War Medal in this specific case.

3. The Board reviewed the 19 February 1982 document which listed the names of 52 personnel, including the applicant, as being captured on the night of 29-30 April 1945 near Grantorto, Italy. The Board also reviewed the 88th Infantry Division unit histories which described the capture of these soldiers. On the basis of these documents, the Board determined that the applicant was among those captured on 29 April 1945 by German soldiers. Therefore, he is entitled to award of the Prisoner of War Medal and correction of his records to show this award.

4. Since current regulations require discharge documents to show prisoner of war status, the Board determined that, based on these current standards, it is appropriate to correct the applicant’s records to show his prisoner of war status. Therefore, the applicant is entitled to correction of his records to show the entry “Prisoner of War, 350th Infantry Regiment, Italy, 450429-450502.”

5. The applicant was awarded the Combat Infantryman Badge for exemplary conduct in ground combat during World War II; therefore, he is also entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge.

6. The applicant completed over one year of “Continental Service”; therefore, he is entitled to award of the American Campaign Medal and correction of his records to show this award.

7. Based on the applicant’s service during World War II, he is entitled to award of the World War II Victory Medal and correction of his records to show this award.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected:

         a. by awarding the individual concerned the Prisoner of War Medal;

         b. by correcting his records to show the entry “Prisoner of War, 350th Infantry Regiment, Italy, 450429-450502.”;

         c. by awarding the individual concerned the Bronze Star Medal based on award of the Combat Infantryman Badge and correcting his records to show this decoration; and

         d. by awarding the individual concerned the American Campaign Medal; and

         e. by awarding the individual concerned the World War II Victory Medal.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__JTM__ __AAO__ ___LE___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Mr. Arthur A. Omartian_
                  CHAIRPERSON

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INDEX

CASE ID	AR2001058694
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20011127
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.