RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 19 February 2004
         DOCKET NUMBER: AR2003091397


         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. Vic Whitney		Analyst

The following members, a quorum, were present:

Mr. Raymond J. Wagner		Chairperson
Mr. Robert Duecaster		Member
Mr. Melvin H. Meyer		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 that his records be corrected to show his overseas and combat service. He also requests all of his authorized awards.

2. The applicant states that it was claimed that he was never overseas or in combat during World War II. He also never received his most important medals. His records show that he was a Prisoner of War.

3. The applicant provides copies of his separation documents, a letter from the Department of Veterans Affairs (VA), and an "Ex Prisoner of War (POW) Field Post Card."

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error, which occurred on 18 August 1945, the date of his discharge. The application submitted in this case is dated 17 April 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 were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from reconstructed personnel records and show that he enlisted and entered active duty on 10 February 1941. He served in the European-African-Middle Eastern Theater from 26 January 1942 to approximately 17 May 1945 and participated in three campaigns.

4. Effective 18 August 1945, the applicant was discharged as a result of demobilization in the grade of corporal with 3 years, 4 months, and 16 days foreign service. His WD AGO Form 53-55 (Enlisted Record and Report of Separation), which he authenticated with his signature and right thumb print, shows that he was an infantry squad leader and was awarded the European-African-Middle Eastern Service Ribbon with three bronze service stars, the American Defense Service Ribbon, and the Good Conduct Medal. It does not show an award of the Purple Heart.


5. A copy of the applicant's Final Payment-Work Sheet shows that he received combat infantry pay for the period 7 May to 18 August 1945.

6. The letter from the VA provided by the applicant states that official VA records show that he was a POW from 18 January to 7 May 1945. The POW Field Post Card provided by the applicant, filled out by him and addressed to his father, states that effective 28 April 1945, he was in British/U. S. hands, was well and safe, would write as soon as possible but not to write to him, and that he was sick and wounded. There are no medical records available that show that the applicant was wounded or injured, or treated for wounds or injuries as a result of enemy action.

7. The available records contain an Authorization for Issuance of Awards form that shows the applicant was determined to be eligible for the POW Medal on 17 June 1988 and the medal would be issued to him.

8. War Department Circular 269-1943 established the Combat Infantryman Badge (CIB) to recognize and provide an incentive to infantrymen. The CIB was awarded for exemplary conduct in action against the enemy. War Department Circular 186-1944 further provided that the CIB was to be awarded only to infantrymen serving with infantry units of brigade, regimental, or smaller size. Additionally, World War II holders of the CIB received a monthly pay supplement known as combat infantry pay. Thus, pay records are frequently the best available source to verify entitlement to this award.

9. Army Regulation 600-8-22 (Military Awards) 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 CIB 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 the CIB 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.

10. A health record research project, commonly referred to as the "SGO Files", involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape. In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC). The availability of the information to the NPRC received considerable publicity by the various veterans' service organizations. It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973. Searches of these files fail to show any entries for the applicant.

11. During World War II the Purple Heart was not awarded to soldiers who had been injured while in captivity as a result of enemy maltreatment or brutality. These injuries were considered to be the result of war crimes and not the result of a legal action of war. War Department policy, at that time, required that wounds must have been received in action against the enemy or, in other words, incurred in actual combat. Executive Order 11016, dated 25 April 1962, provided more latitude with respect to award of the Purple Heart to prisoners of war, as well as the authority to award the decoration to wounded soldiers even in the absence of a formal declaration of war. The issue as to whether this change in policy would be implemented retroactively to prisoners of war from World War I, World War II, and the Korean War has been considered several times. However, it was decided that the change in policy would not be retroactively implemented. It was concluded that it would be inappropriate for the Department of Defense to retroactively change the standards and, in effect, countermand the decisions of the post leadership.

12. 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. Based on the applicant's service as an infantryman and his confirmed receipt of combat infantry pay his records should be corrected to show entitlement to the CIB.

2. Although the applicant raised the issue of being wounded in action and possible entitlement to the Purple Heart, there is no evidence of record or convincing evidence provided by the applicant, to show that an award of the Purple Heart would be appropriate at this time.

3. Since the applicant's available records clearly show that he had over 3 years of foreign service, participated as an infantryman in combat, and participated in three campaigns, it is not clear why he believes that his overseas and combat service are not correctly recorded.

4. Evidence shows that the applicant’s records contain administrative error, which does not require action by the Board. Therefore, the Case Management Support Division (CMSD), St. Louis, Missouri, will accomplish administrative correction of the applicant's records as outlined by the Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

___rw__ ___rd__ ___mm____ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded the CIB.

2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to an award of the Purple Heart.

3. The Board determined that administrative error in the records of the individual should be corrected. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Bronze Star Medal based on award of the CIB, the POW Medal, and the World War II Victory Medal.




                  ___Raymond J. Wagner____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003091397
SUFFIX
RECON
DATE BOARDED	20040219
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1.	107.00
2.
3.
4.
5.
6.