RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 August 2005
      DOCKET NUMBER:  AR20040009859


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Ronald J. Weaver              |     |Member               |
|     |Mr. Robert Rogers                 |     |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 Purple Heart.

2.  The applicant states, in effect, that he is eligible for award of the
Purple Heart due to the fact he was a prisoner of war during World War II.


3.  The applicant contends that he was captured in Germany on 22 December
1943 and was held as a prisoner of war for four months.  The applicant
continued that he was liberated by the Russians on 23 April 1944.  The
applicant concluded that he "endured a great deal" as a captive in the
German Prisoner of War Camp where he often went without food for extended
periods of time.

4.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation – Honorable Discharge) with the date of separation
of 24 November 1945 and a self-authored statement, dated 3 November 2004,
in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 24 November 1945, the date of his separation.  The
application submitted in this case is dated 3 November 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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines that it would be in the interest of justice to do
so.  The ABCMR has elected to conduct a substantive review of this 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 ABCMR 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 ABCMR
to conduct a fair and impartial review of this case.



4.  The applicant's WD AGO Form 53-55 shows that he was inducted on 17 June
1943 and served in the military occupational specialty 657 (Medical
Aidman).  This form also shows he was awarded a European-African-Middle
Eastern Theater Campaign Ribbon [now known as the European-African-Middle
Eastern Campaign Medal] with four service stars, the American Theater
Campaign Ribbon, the Good Conduct Medal and the World War II Victory Medal.
 The applicant was honorably separated on 24 November 1945.

5.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-
55 does not show award of the Purple Heart.  Item 34 (Wounds Received in
Action) contains the entry "None."

6.  There is no documentation in the available records which shows that the
applicant sustained wounds or was treated for wounds incurred as a result
of hostile action.

7.  The applicant submitted a statement wherein he asserts he was informed
by the staff of a Member of Congress, that since he was a former prisoner
of war, he is eligible for award of the Purple Heart.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for a wound sustained as a result of hostile action.
Substantiating evidence must be provided to verify that the wound was the
result of hostile action, the wound must have required treatment, and the
medical treatment must have been made a matter of official record.

9.  During World War II and the Korean War the Purple Heart was not awarded
to soldiers who had been injured while in captivity or while being taken
captive.  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 was considered several times.  Initially 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 past leadership.  However, as part of the National Defense
Authorization Act (NDAA) of 1996, Congress authorized award of the Purple
Heart to any former prisoner of war who was wounded before 25 April 1962
while held as a prisoner of war, or while being taken captive, in the same
manner as a former prisoner of war who was wounded on or after that date.

10.  Review of the applicant's personnel records indicates that he is
entitled to additional awards that are not shown on his WD AGO Form 53-55.

11.  A staff member of the Army Review Boards Agency requested a review of
the World War II Prisoners of War roster.  Officials of the Repatriation
and Family Affairs of the Army Human Resources Command provided a copy of
the roster which lists the applicant's name and shows that he served in the
medical corps, and was a prisoner of war for the period 21 December 1944
through 25 May 1945.  However, the review did not reveal any documentation
that shows that the applicant was wounded or treated for wounds due to
hostile action.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-9 contains
guidance on award of the Prisoner of War Medal.  It states, in pertinent
part, that the Prisoner of War Medal is awarded to individuals who in past-
armed conflicts were taken prisoner or held captive.

13.  The applicant's records contain a DD Form 2510 (Prisoner of War (POW)
Medal Application/Information), dated 24 April 1988.  Item 9 (Unit of
Assignment/Attachment When Captured) shows that the applicant was assigned
to the 168th Engineer Combat Battalion, Medical Detachment.

14.  Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55
verifies that he participated in the Normandy, Ardennes, Northern France
and Rhineland campaigns.  Item 36 (Service Outside Continental U.S. and
Return) shows that the applicant served in the European Theater of
Operations from 16 May 1944 through 15 June 1945.

15.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists campaign participation by units during
the World War II.  This document shows that, at the time of the applicant’s
assignment to the 168th Engineer Combat Battalion, it participated in
Ardennes-Alsace, Central Europe, Naples-Foggia, Rhineland and Rome-Arno
campaigns.




16.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.  A silver service star
is authorized in lieu of five bronze service stars.

17.  Department of the Army Pamphlet 672-1 also lists unit citations,
foreign awards and occupation credit that units received during World War
II.  While the applicant was assigned to the 168th Engineer Combat
Battalion, it was awarded the Distinguished Unit Citation [now known as the
Presidential Unit Citation] for actions during the period 17 December
through 23 December 1944, based on Department of the Army General Order 48,
dated 1948.

18.  Department of the Army Pamphlet 672-1 also shows that the 168th
Engineer Combat Battalion received occupation credit in Germany for the
period 2 May 1945 through 4 July 1945.

19.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of
Occupation Medal is awarded for service of thirty consecutive days at a
normal post of duty in a qualifying location.  Personnel at a qualifying
location as an inspector, courier, escort, temporary or detached duty are
precluded from eligibility.  For award of the Army of Occupation Medal with
Germany Clasp, qualifying service must have occurred between 9 May 1945 and
5 May 1955 and the European-African-Middle Eastern Campaign Medal must have
been awarded prior to 9 May 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart
because he sustained injuries as a result of being held as a prisoner of
war.

2.  There is no evidence in the available records and the applicant did not
submit evidence to show that he was wounded or treated for wounds while
being captured or while held captive in a prisoner of war camp.  Therefore,
there is insufficient evidence upon which to base an award of the Purple
Heart in this case.

3.  Military records show the applicant was a prisoner of war during World
War II; therefore, he is entitled to correction of his records to show
award of the Prisoner of War Medal.

4.  Records show the applicant was credited for four campaigns during his
service in World War II.  However, evidence of record showed he should have
been credited for five campaigns.  Therefore, he is entitled to correction
to show one silver service star affixed to his European-African-Middle
Eastern Campaign Medal.

5.  General orders show that, during the applicant's assignment with the
168th Engineer Combat Battalion, it was cited for the Presidential Unit
Citation.  Therefore, he is entitled to correction of his records to show
the Presidential Unit Citation.

6.  Department of the Army Pamphlet 672-1 shows the unit to which the
applicant was assigned received occupation credit for Germany.  As a
result, the applicant is entitled to award of Army of Occupation Medal with
Germany Clasp and correction of his records to show this award.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 24 November 1945, the date of his
separation from active duty.  The ABCMR was not established until 2 January
1947.  As a result, the time for the applicant to file a request for
correction of any error or injustice expired on 1 January 1950.  Although
the applicant did not file within the ABCMR's statute of limitations, it is
appropriate to waive failure to timely file in this case based on the fact
there is no statute of limitations on requests for award of the Purple
Heart.

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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_RJW___  __RR___  _JEV____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive the ABCMR's three
year statute of limitations in this case.

2.  The Board determined that 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 to show 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 he was awarded the Prisoner of War Medal, the
Presidential Unit Citation, the Army of Occupation Medal of Germany and one
silver service star to be affixed to his already awarded European-African-
Middle Eastern Campaign Medal.




                                         __James E. Vick___
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040009859                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050818                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY with admin note                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  61   |107.0015/PH                             |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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