RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 November 2003
         DOCKET NUMBER: AR2003090993


         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O'Connor		Chairperson
Ms. Lana E. McGlynn		Member
Ms. Yolanda Maldonado		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).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Prisoner of War (POW) Medal.

2. The applicant states that he earned the POW Medal during World War II; however, it was never put on his discharge document or issued to him. He contends, in effect, that on 4 May 1945 while serving as a scout on a patrol his unit was captured by the Germans. Later that day his unit was released in exchange for German prisoners.

3. The applicant provides a VA Form 21-4138 (Statement in Support of Claim), dated 18 February 2003; a notarized affidavit, dated 17 December 2002; a letter, dated 25 November 2002, from his former platoon leader to the National Personnel Records Center in St. Louis, Missouri; a letter, dated 19 September 1991, from his platoon leader at the time in question; a notarized statement, dated 31 December 2002, from his former platoon sergeant; a notarized statement, dated 23 December 2002, from a medic at the time in question; his WD AGO Form 53-55; and a newspaper article.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error which occurred on
25 September 1945. The application submitted in this case is dated 5 May 2003.

2. 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. This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. The applicant's military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

4. The applicant was inducted on 13 October 1941. He served as a rifleman in the Asiatic-Pacific Theater of Operations from 26 March 1942 through 22 March 1944 and served in the European Theater of Operations from 21 January 1945 through 10 September 1945. On 25 September 1945, the applicant was honorably discharged.

5. The applicant's WD AGO Form 53-55 shows the European-African-Middle Eastern Campaign Medal with two bronze service stars, the Asiatic-Pacific Campaign Medal with one bronze service star, the American Defense Service Medal, and the Good Conduct Medal as authorized awards.

6. There is no evidence in the available records which shows the applicant was a POW during World War II.

7. The applicant provided statements, dated 19 September 1991 and
25 November 2002, from his platoon leader at the time in question. He attests that the applicant was a member of his platoon that was captured by the Germans on 4 May 1945, that the applicant was a POW, and that he deserves the POW Medal. The platoon leader also attests that he (the platoon leader) has received the POW Medal for this action.

8. The applicant also provided statements from a platoon sergeant and medic at the time in question. They attest that they served with the applicant during World War II, that they were captured by the Germans on 4 May 1945 and later released and exchanged for German prisoners.

9. Conversation with the Prisoner of War Branch at the U.S. Army Human Resources Command on 13 November 2003 verified that the applicant was not listed as a POW during World War II.

10. The applicant's WD AGO Form 53-55 shows he received the Combat Infantryman Badge.

11. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Prisoner of War Medal. The regulation states that the Prisoner of War Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive.

12. 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.

13. 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.

DISCUSSION AND CONCLUSIONS:

1. The statements of support provided by the applicant attest that he was a POW on 4 May 1945. However, the records at the Prisoner of War Branch at the U.S. Army Human Resources Command indicate that the applicant was not a POW during World War II. There is also no evidence in the available records which shows the applicant was a POW during World War II. Therefore, these statements alone are insufficient as a basis for award of the POW Medal to overcome the lack of substantiating evidence of record.

2. Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board. Therefore, administrative correction of the applicant's records will be accomplished by the Army Review Boards Agency (ARBA) Support Division, St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

RVO____ LEM____ YM _____ DENY APPLICATION

1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2. The Board determined that administrative error in the records of the individual concerned should be corrected. Therefore, the Board requests that the ARBA Support Division-St. Louis administratively correct the records of the individual

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concerned to show that he was awarded the Bronze Star Medal (based on award of the Combat Infantryman Badge) and the World War II Victory Medal.




                  __Raymond V. O'Connor______
                  CHAIRPERSON

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INDEX

CASE ID	AR2003090993
SUFFIX
RECON
DATE BOARDED	20031125
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	107.0029
2.
3.
4.
5.
6.