RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 27 January 2005
DOCKET NUMBER: AR20040000934
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. David S. Griffin | |Analyst |
The following members, a quorum, were present:
| |Mr. Raymond J. Wagner | |Chairperson |
| |Ms. Eloise C. Prendergast | |Member |
| |Ms. Brenda K. Koch | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests award of the Prisoner of War Medal.
2. The applicant states that his Prisoner of War Medal is not on his
discharge.
3. The applicant provides a copy of his WD AGO 53-55 (Enlisted Record and
Report of Separation Honorable Discharge), with a date of separation of
10 December 1945 and a copy of his WD AGO Form 100 (Separation
Qualification Record).
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error, which
occurred on
8 November 1985. The application submitted in this case is dated 27 April
2004.
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's WD AGO 53-55 showed that the applicant entered into
active service on 19 July 1944. He served in the European Theatre from 9
January 1945 through 15 May 1945.
5. The applicant's WD AGO Form 100 shows that he was a prisoner of war for
three months in the grade of private first class.
6. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he is entitled to award of the Prisoner of
War Medal.
2. The evidence shows that the applicant was a prisoner of war for three
months. Therefore, he is entitled to award of the Prisoner of War Medal.
3. Records show the applicant should have discovered the error or
injustice now under consideration on 8 November 1985, the date of
establishment of the Prisoner of War Medal. Therefore, the time for the
applicant to file a request for correction of any error or injustice
expired on 7 November 1988. Although the applicant did not file within the
ABCMR's statute of limitations, the evidence in this case warrants waiver
of failure to timely file.
BOARD VOTE:
___ecp__ ___bkk__ ____rjw__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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 award of the Prisoner of War
Medal.
_____Raymond J. Wagner____
CHAIRPERSON
INDEX
|CASE ID |AR20040000934 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050127 |
|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. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
-----------------------
[pic]
ARMY | BCMR | CY2009 | 20090001206
The applicant, as attorney-in-fact for the former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart. The applicant states, in effect, that on 22 October 1945 the FSM was issued the Purple Heart for wounds received in action on 26 November 1944 in the European theater of operations and this award is not shown on his military records. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2006 | 20060012578C071029
The applicant’s military records are not available to the Board for review. The evidence of record shows the applicant met the eligibility criteria for award of the POW Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Combat Infantryman Badge and the Bronze Star Medal based upon award of the Combat Infantryman Badge; and b. amending his WD AGO Form 53-55 to add the Prisoner of War Medal, the...
ARMY | BCMR | CY2005 | 20050005822C070206
The applicant's military records are not available to the Board for review. There is no evidence in the available records which shows the applicant was a POW during World War II. Notwithstanding the conclusion regarding denial of the award of the POW Medal, the Board determined that the evidence was sufficient for award of the POW Medal in this case.
ARMY | BCMR | CY2014 | 20140009727
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show award of the Prisoner of War (POW) Medal during World War II (WWII). The available evidence shows the applicant served a qualifying period of service for award of the BSM based upon award of the CIB. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Bronze Star Medal based...
ARMY | BCMR | CY2013 | 20130003708
Application for correction of military records (with supporting documents provided, if any). The applicant states although he was a POW he was not awarded the POW Medal. The applicant's complete military records are not available to the Board for review.
ARMY | BCMR | CY2012 | 20120010307
The applicants, daughters of a deceased former service member (FSM), request correction of their father's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the: * Bronze Star Medal * Prisoner of War (POW) Medal 2. The applicants also provide a letter from the NPRC which shows the FSM's entitlement to award of the Bronze Star Medal based on his receipt of the Combat Infantryman Badge. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2013 | 20130002370
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show: * his prisoner of war (POW) status in Germany * the POW Medal 2. The applicant provides: * four Western Union telegrams * WD AGO Form 53-55 * WD AGO Form 100 (Separation Qualification Record) * Morning Report, dated 20 December 1944 * Authorization for...
ARMY | BCMR | CY2014 | 20140009249
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the Prisoner of War (POW) Medal. The applicant's complete military records are not available to the Board for review. The available evidence shows he was a POW in Germany during World War II (December 1944 to May 1945); therefore, his WD AGO Form 53-55 should be corrected to show award of the POW Medal.
ARMY | BCMR | CY2006 | 20060011396C071029
The applicant requests, in effect, that he be awarded the Prisoner of War (POW) Medal. The applicant’s military records are not available to the Board for review. Item 31 (Military Qualifications) of the applicant's WD AGO Form 53-55 shows that he received the Combat Medical Badge (CMB) and Item 33 (Decorations and Citations) shows that during his active duty tenure, he earned the American Campaign Medal, World War II Victory Medal, EAME Campaign Medal and Army Good Conduct Medal.
ARMY | BCMR | CY2006 | 20060017319C071029
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 May 2007 DOCKET NUMBER: AR20060017319 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. The applicant’s military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the...