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ARMY | BCMR | CY2002 | 2002080592C070215
Original file (2002080592C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 30 SEPTEMBER 2003
         DOCKET NUMBER: AR2002080592


         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
Ms. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Mr. Raymond J. Wagner Chairperson
Mr. Melvin H. Meyer Member
Ms. Margaret V. Thompson 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.


2. The applicant requests, in effect, award of the Prisoner of War (POW) Medal.

3. He states, in effect, that he was captured by German forces on 16 December 1944 and held a few hours before he escaped along with several other soldiers who had also been captured. During the incident he states he also sustained a gunshot wound to his shoulder.

4. In addition to his self-authored statement, he also submits a copy of a 1945 letter to his parents recounting the incident in which he was wounded and ultimately taken prisoner by the overwhelming German force which they encountered. He also submits copies of newspaper articles written in 1994 as part the of the 50th anniversary commemoration of World War II which also recounts his brief captivity.

5. He states that he is seeking the POW Medal at the urging of another soldier who was with him at the time of the incident.

6. The applicant’s military personnel file was apparently lost or destroyed during the 1973 fire at the National Personnel Records Center. Information contained herein was extracted from documents provided by the applicant and information contained on his War Department Adjutant General Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge).

7. The applicant entered active duty on 20 March 1943 and arrived in the European Theater of Operations in November 1944. His separation document confirms that he was wounded on 16 December 1944 and awarded the Purple Heart.

8. In documents submitted by the applicant to support his request for award of the POW Medal, he notes that on 16 December 1944 he was driving a jeep containing two other soldiers, including the soldier who was previously awarded the POW Medal by this Board. He notes that he and approximately 10 other members of his unit were traveling to “relieve others, at the Forward Observation Post at Roth, Germany.” While proceeding, German forces ambushed the group and he (the applicant) was wounded in the right shoulder. The German forces surrounded the members of his small group and ultimately the lieutenant that was traveling with them told the group to surrender. The applicant, and the information contained in the newspaper articles, indicates that subsequent to being ambushed by the German forces, two German soldiers marched the captive American soldiers through fields of snow deep into the German lines and





that after approximately 6 hours the group was able to escape when they came upon an American tank and the tank crew fired at the German guards. The applicant indicated that he was able to obtain medical treatment for his shoulder later that same evening near Manderfeld, Belgium. A review of historical files at the National Archives did not contain any confirmation of the applicant’s captivity.

9. The applicant’s separation document notes that he returned to the United States in March 1945 and was honorably discharged on 28 June 1945 under a certificate of disability for discharge.

10. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Prisoner of War 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.

11. Army Regulation 600-8-22 also provides, in pertinent part, for award of the World War II Victory Medal (WWII Victory Medal). It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. The applicant’s separation document does not reflect entitlement to this decoration.

CONCLUSIONS:

1. The Board, accepts the documents provided by the applicant as evidence to conclude that he was a POW of German forces for approximately 6 hours on the morning of 16 December 1944, when his unit was ambushed by Germany forces.

2. Since the POW Medal does not specify a minimum period of captivity, the Board further concludes that the applicant is entitled to the POW Medal.

3. The Board also notes that the applicant is entitled to the World War II Victory Medal which was omitted from his separation document.

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

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

a. by showing that the individual concerned was captured by enemy forces on 16 December 1944 and detained by them for approximately 6 hours;




b. by awarding him the POW Medal;

c. by showing that he is entitled to the World War II Victory Medal.

BOARD VOTE:

__RJW__ ___MHM_ ___MVT _ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Raymond J. Wagner_____
                  CHAIRPERSON




INDEX

CASE ID AR20020805092
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030930
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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