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Decision Text

ARMY | BCMR | CY2003 | 2003085078C070212
Original file (2003085078C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 14 AUGUST 2003
         DOCKET NUMBER: AR2003085078


         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. Kenneth H. Aucock Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr. Chairperson
Mr. James E. Anderholm Member
Ms. Linda M. Barker 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 that his records be corrected to show that he was a prisoner of war (POW) during World War II, and to reflect the dates that he was a POW.

3. The applicant states that his discharge document does not reflect that he was a POW, nor the dates that he was a POW. He encloses a copy of his Honorable Discharge (WD AGO Form 53-55), and a copy of a 6 December 2002 letter from the National Personnel Records Center indicating his POW status from 18 March 1945 to 25 October 1945 and that awards records from the foreign claims commission indicated that the applicant was awarded compensation for 40 days confinement as a POW (under Public Law 896).

4. The applicant’s military records show that he was inducted into the Army on 11 August 1944. He served in the European Theater of Operations from January 1945 to June 1945, and was discharged at Camp McCoy, Wisconsin in the rank of sergeant on 12 April 1946. He was awarded the Good Conduct Medal, the Distinguished Unit Badge, the Croix de Guerre, the American Theater Service Medal, the European-African-Middle Eastern Service Medal, and the Combat Infantryman Badge.

5. On 21 October 2001, in order to establish his POW status, the applicant furnished the National Personnel Records Center 14 documents, some of which are as indicated herein:

•         An Identity Card for Ex-Prisoner of War issued to the applicant at Stalag VIIB on 29 April 1945. The applicant's unit is shown as 7th Infantry Regiment, 3d Infantry Division.

•         Information from POW notes which include a list of 10 persons who the applicant states were captured with him on 18 March 1945 near Saarbruchen.

•         Transcripts of the diary he kept while a POW from 18 March 1945 to 11 May 1945 AT Stalag 7B in Memmingen, Germany.

•         A WWII POW report, which indicates that the report was from a database that the Center for Electronic Records developed to extract and print individual records from World War II POW punch cards; records of the Office of the Provost Marshal General, RG 389, National Archives at College Park. The applicant's name is shown on that report.

•         E-mail correspondence indicating that an archivist at the Center for Electronic Records at the National Archives at College Park verified the applicant's POW status, stating that the applicant was a POW from 18 March 1945 to 26 April 1945.

•         A National Personnel Records Center Search Request and Reply form (NA Form 13105) which indicates that a 22 March 1945 morning report from Company A, 7th Infantry Regiment showed that the applicant was missing in action on 18 March 1945; and a 24 March 1945 morning report from Ex-PW Casual Detachment, Normandy Base Section #16565, showed that he was returned to United States military control on 26 April 1945.

•         The 22 March 1945 morning report showing that the applicant and 8 other soldiers were missing in action on 18 March 1945. The other morning report mentioned above and the enclosure to that report are somewhat indecipherable; however the applicant's name and the date that he was returned to control (26 April 1945) is shown on the enclosure.

•         An undated statement from a soldier who was captured with the applicant indicating that he saw a German soldier take the applicant's wristwatch and a considerable amount of French francs.

•         A 6 April 1945 letter to the applicant's mother from The Adjutant General confirming that the applicant had been reported missing in action since 18 March 1945.

•         An 11 March 1946 claim submitted by the applicant in which he described the circumstances leading to his capture, and stated that his watch and about 2100 French francs were taken from him.

6. 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.

7. The Bronze Star Medal is awarded to each member of the Armed Forces of the United States who, after 6 December 1941 has been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945. The award of a Combat Infantryman Badge is considered as a citation in orders.


CONCLUSIONS:

1. The evidence shows that the applicant was a POW from 18 March 1945 to 26 April 1945. He is entitled to award of the POW Medal. There are, however, no provisions for including on a separation document the dates that an ex-POW was a prisoner. Consequently, this document will suffice to show that the applicant was a POW during the above mentioned period.

2. The applicant is entitled to award of the Bronze Star Medal by virtue of his award of the Combat Infantryman Badge.

3. The applicant is entitled to award of the World War II Victory Medal.

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 by showing that the individual concerned was awarded the POW Medal, the Bronze Star Medal, and the World War II Victory Medal.

BOARD VOTE:

__RVO __ __JEA __ __LMB__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Raymond V. O'Connor, Jr._
                  CHAIRPERSON




INDEX

CASE ID AR2003085078
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030814
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. 130.00
2.
3.
4.
5.
6.


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