PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 November 2001
         DOCKET NUMBER: AR2001058696


         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. Walter T. Morrison		Chairperson
Mr. Arthur A. Omartian		Member
Mr. Curtis L. Greenway		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 that his military record omits the facts regarding his capture and prisoner of war status. In support of this application, dated 21 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 are photocopies of damaged records and barely legible and were obtained from alternate sources. These records show the applicant entered military service on 17 February 1943 and served in the European-African-Middle Eastern Theater of Operations from December 1943 to September 1945. He was honorably discharged on 16 December 1945.

5. The applicant’s records do not show that he was a prisoner of war and there is no 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, the Good Conduct Medal, the World War II Victory Medal and the Purple Heart shown on his AGO Form 01254 (Transcript of Military Record).

7. The Board noted that the applicant applied to the Army Board for Correction of Military Records (ABCMR) on 19 April 1991 wherein he requested correction of his records to show that he was a prisoner of war. This application was administratively closed due to lack of records. However, attached to that 1991 application were three documents which supported the applicant’s contention that he had been captured by German soldiers: a written statement, dated 26 August 1988, by a former commanding officer of Cannon Company of the 350th Infantry Regiment, 88th Infantry Division; a statement , dated in 1991, from a fellow soldier in Cannon Company; and a copy of an 8 August 1945 military document (authenticated by the commanding officer of Cannon Company at the time) which describes the capture of Cannon Company soldiers on the morning of 29 April 1945. These documents will be considered by the Board as part of the applicant’s current application.

8. The 8 August 1945 military document which describes the capture of Cannon Company soldiers during World War II states:

         “On the morning of April 29 1945 the Germans troops of the 26th Panzer Div. Surrounded and overran our gun positions. In the fire-fight that followed, the thirty one (31) men listed above were taken prisoner. After being held prisoners for 56 hours, they were recaptured by recon troops of the 351 Inf. [Infantry], 88 Div. Lt. Decker in the first vehicle to be apprehended. The recapture was in the town of Primolano, Italy. They returned to the 350 Inf. Replacement Depot with the troops of the 351 Inf., and after spending the night there were returned to their organization, namely Cannon Co. [Company] 350 Inf. Reg. [Regiment], 88 Div. The fact that these men were prisoners of war and were interrogated does not show on their service record, but they are listed as Status Undetermined for that period of time.”

9. The 8 August 1945 document authenticated by the unit commander shows the applicant’s complete name and rank.

10. The applicant’s Transcript of Military Service shows that he was awarded the Combat Infantryman Badge, but there is no evidence that the applicant received award of the Bronze Star Medal based on award of the Combat Infantryman Badge.

11. The applicant’s Transcript of Military Service shows that he served over one year of “Continental Service”.

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.

CONCLUSIONS:

1. The Board considered all of the evidence available in this case. The Board determined that the 8 August 1945 document, which lists the applicant among those members of Cannon Company of the 350th Infantry Regiment as prisoners of war on 29 April 1945, is sufficient as a basis for award of the Prisoner of War Medal in this specific case. Therefore, the applicant is entitled to award of the Prisoner of War Medal and correction of his records to show that he was a prisoner of war.

2. 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.”

3. 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 and correction of his records to show this decoration.

4. 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.
5. In view of the foregoing, the applicant’s records should be corrected 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 correcting his records to show this award.

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

BOARD VOTE:

__AAO__ __WTM__ __CLG__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Mr. Walter T. Morrison__
                  CHAIRPERSON

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INDEX

CASE ID	AR2001058696
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	YYYYMMDD
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.