RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 September 2005
      DOCKET NUMBER:  AR20040011297


      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. Joyce A. Wright               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Richard T. Dunbar             |     |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, in effect, correction of his WD AGO Form 53-55
(Enlisted Record and Report of Separation) to show that he was a Prisoner
of War and to show that he was awarded the POW Medal.

2.  The applicant states that he was a POW in Germany with the 5th Cavalry
Field Hospital and was detained for approximately 30 days.

3.  The applicant provides no documentation in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 September 1945, the date of his discharge.  The application
submitted in this case is dated 1 December 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 limitations 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 destroyed in the National
Personnel Records Center fire of 1973.  Records available to the Board were
obtained from alternate sources and show that he entered active duty (AD)
on 12 June 1940, as a motorcyclist (2378).  He was assigned to Troop C,
102nd Cavalry Reconnaissance Squadron.  He served in the European Theater
of Operations (ETO) from 7 October 1942 to 9 September 1945 and was
honorably discharged on 30 September 1945.

4.  The applicant’s WD AGO Form 53-55 shows that he was credited with
participation in five campaigns.  He was awarded the American Defense
Service Medal and the European-African-Middle Eastern (EAME) Campaign Medal
with bronze arrowhead.  His discharge document does not show the POW Medal
as an authorized award.



5.  There is no evidence in the records available to the Board that shows
the applicant was a POW in Germany with the 5th Cavalry Field Hospital and
was detained for approximately 30 days.  Information provided by the Army
Human Resources Command (AHRC)-Alexandria, Repatriations Branch, revealed
that the applicant's name did not appear on the POW List.

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.

7.  The applicant participated in five campaigns and is entitled to five
bronze service stars associated with the EAME Campaign Medal.  A silver
service star is authorized in lieu of five bronze service stars.

8.  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.

9.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
American Campaign Medal.  This campaign medal is awarded for qualifying
service in the American Theater between 7 December 1941 and 2 March 1946.
Qualifying service for this campaign medal includes permanent assignment
outside the continental United States but within the American Theater of
Operations, duty as a crewmember aboard a vessel sailing ocean waters for
30 consecutive or 60 nonconsecutive days, or duty outside the continental
United States as a passenger or in a temporary duty status for 30
consecutive or 60 nonconsecutive days, or active combat against the enemy
and was awarded a combat decoration or furnished a certificate by a corps
commander or higher, or service within the continental United States for an
aggregate period of one year.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register), lists the unit awards received by units
serving during World War II.  This document shows the applicant’s unit was
cited for award of the French Croix de Guerre on 6 June 1944 by the
Department of the Army General Orders Numbers 43, dated 1950.







DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record, and the applicant has provided no
evidence, to show that he was a POW in Germany for approximately 30 days
during World War II.  Therefore, there is insufficient evidence to correct
his records to show that he was a POW during World War II or to show that
he was awarded the POW Medal.

2.  The applicant participated in five campaigns and is entitled to one
silver service star associated with the EAME Campaign Medal.

3.  The applicant served on active duty during the qualifying period for
award of the World War II Victory Medal and the American Campaign Medal.
Therefore, he is entitled to correction of his records to show these
awards.

4.  The applicant's unit was cited for award of the French Croix de Guerre;
therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___sk___  ___bje___  ___rtd___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 European-African-Middle Eastern Campaign Medal with one silver
service star, the World War II Victory Medal, the American Campaign Medal,
and the French Croix de Guerre.







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
correction of his WD AGO Form 53-55 to show that he was a POW for 30 days
or to show the POW Medal.




                            _________Stanley Kelley_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011297                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050901                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19450930                                |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY/GRANT                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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