RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          2 September 2004
      DOCKET NUMBER:  AR2004102162


      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. Luis Almodova                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Walter T. Morrison            |     |Chairperson          |
|     |Mr. William D. Powers             |     |Member               |
|     |Mr. Ronald J. Weaver              |     |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, that the Prisoner of War Medal and
the Bronze Star Medal be added to his Enlisted Record and Report of
Separation, Honorable Discharge, WD AGO Form 53-55.

2.  The applicant states, in effect, that he was captured at the Battle of
the Bulge in Germany, on 18 December 1944, and he was also wounded at the
time.

3.  In support of his application, the applicant submitted a copy of a
letter he received from the Veterans Administration [now the Department of
Veterans Affairs], dated 10 February 1982; a DA Form 1577, Authorization
for Issuance of Awards, dated 1 June 1984; a copy of his WD AGO Form 53-55;
a copy of his Honorable Discharge Certificate; and a copy of a GSA Form
6923, Informal Information Reply, prepared by the National Personnel
Records Center, dated 17 September 1979, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 3 October 1945.  The application submitted in
this case is dated 18 November 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 from alternate sources.

4.  The applicant’s WD AGO Form 53-55 shows that he was inducted into the
Army on 5 June 1942.  He served in the European Theater of Operations (ETO)
from 18 October 1943 until 1 March 1945.  The applicant was honorably
discharged in the rank of Sergeant, on 3 October 1945, under the provisions
of Army Regulation (AR) 615-365, for the convenience of the Government at
demobilization.  The applicant was given credit for 1 year, 8 months, and
25 days Continental Service and 1 year, 7 months, and 4 days service in the
ETO.

5.  Item 33 (Decorations and Citations), of his WD AGO Form 53-55, shows he
was awarded the European-African-Middle Eastern Service Medal, with one
silver service star; the Good Conduct Medal; and the Purple Heart.

6.  Item 31 (Military Qualification and Date), of his WD AGO Form 53-55,
shows the applicant was awarded the Combat Infantryman Badge.

7.  Item 34 (Wounds Received in Action), of his WD AGO Form 53-55, shows
the applicant was wounded in action in Germany on 18 December 1944.

8.  On 17 September 1979, the applicant was notified, in an Informal
Information Reply, from the National Personnel Records Center stated that
his service in the Army of the United States indicated that he was in a
prisoner of war status from 18 December 1944 to 13 April 1945.

9.  On 10 February 1982, the Veterans Administration [now the Department of
Veterans Affairs], furnished the applicant a letter to be used in obtaining
permanent automobile license plates as authorized for former prisoners of
war by the Alabama Legislature in 1981.

10.  On 1 June 1984, the Reserve Components Personnel Administration Center
(RCPAC) provided the applicant the DA Form 1577, Authorization for Issuance
of Awards, which he provided the Board for review.  Those awards shown on
the DA Form 1577, which were not already on the applicant's WD AGO Form 53-
55, were not added to his separation document.

11.  The applicant's name and other Army identification information is in
the National Archives and Records Administration World War II Prisoners of
War Data File and supports the information in the paragraph above.  When
captured, the applicant was assigned to the 109th Infantry Regiment, 28th
Infantry Division, and was serving in the rank of Technician, 5th Grade.

12.  On 22 June 1988, a DA Form 1577, was prepared by RCPAC authorizing
issuance of the Prisoner of War Medal to the applicant.  This award was not
added to his separation document.
13.  The Bronze Star Medal is awarded to each member of the Armed Forces of
the United States who, after 6 December 1941, has been cited in orders or
awarded a certificate for exemplary conduct in ground combat against an
armed enemy, between 7 December 1941 and 2 September 1945.  The award of a
Combat Infantryman Badge is considered as a citation in orders.


14.  The POW Medal is authorized for any person who, while serving in any
capacity with the US Armed Forces, was taken prisoner and held captive,
after 5 April 1917.  The POW Medal is to be issued only to those US
military personnel who were taken prisoner while engaged in an action
against an enemy of the United States.


15.  AR 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.


16.  AR 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 includes permanent assignment outside the continental United
States, 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.

17.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign
Participation Credit Register shows that the 109th Infantry Regiment, 28th
Infantry Division, was awarded the French Croix de Guerre, for the period
28 January through 2 February 1945, by Department of the Army General
Order Number 43, dated 1950.  This same pamphlet also shows that the unit
was awarded credit for the occupation of Germany for the period 2 May
through 5 July 1945.

18.  AR 600-8-22 provides for award of the French Fourragere as an approved
foreign unit award.  The French Government may award the French Fourragere
when a unit has been cited twice for award of the French Croix de Guerre.
When a unit is cited twice for the Croix de Guerre, then the colors of the
Fourragere are
red and green.  When a unit is cited four times, the colors of the
Fourragere are yellow and green.  Award of the Fourragere is not automatic
and requires a decree by the French Government, and persons who were only
in one action are not authorized to wear the Fourragere.

19.  In a 28 March 1983 letter, the U.S. Army Military Personnel Center
published the policy regarding awards of the French Croix de Guerre to U.S.
Army veterans who had served in World War I and World War II.  Essentially,
this guidance states that there is no individual emblem presented to or
worn by Army soldiers who were in a unit cited by the French Government for
the Croix de Guerre.  Thus, former members of any American units which
appear in Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Credit Register) are not authorized an individual device.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was a prisoner of war during
World War II.  He is therefore entitled for award of and to have the POW
Medal added to his WD AGO Form 53-55 at this time.

2.  The applicant was awarded the Combat Infantryman Badge during World
War II.  The applicant is eligible for award of the Bronze Star Medal based
on his being awarded the Combat Infantryman Badge.  The applicant is
therefore entitled to have this award added to his separation document at
this time.

3.  The applicant served in the American Theater, for an aggregate period
of one year, between 7 December 1941 and 2 March 1946.  The applicant is
therefore entitled to award of the American Campaign Medal for this
service.

4.  The applicant served in the Army of the United States honorably from 5
June 1942 until 3 October 1945.  He is therefore entitled to award of the
World War II Victory Medal and to have it added to his separation document
at this time.

5.  The applicant’s unit, the 109th Infantry Regiment, 28th Infantry
Division, was cited for award of the French Croix de Guerre at the time the
applicant was assigned to the unit.  Therefore, the applicant is entitled
to correction of Item 55 (Remarks) on his WD AGO Form 53-55 to show the
entry, “French Croix de Guerre – Unit Citation – No Emblem Authorized.”
6.  The applicant’s unit, the 109th Infantry Regiment, 28th Infantry
Division, was awarded credit for the occupation of Germany; hence, the
applicant is entitled to award of the Army of Occupation Medal, with
Germany Clasp.

BOARD VOTE:

__wtm___  __wdp___  __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:

      a.  awarding the applicant the Bronze Star Medal; the Prisoner of War
Medal; the World War II Victory Medal; the Army of Occupation Medal, with
Germany Clasp; and the American Campaign Medal; and adding these awards to
Item 33 of the applicant's WD AGO Form 53-55; and

      b.  awarding the applicant the French Croix de Guerre and adding the
entry, “French Croix de Guerre – Unit Citation – No Emblem Authorized” to
Item 55 (Remarks) on his WD AGO Form 53-55.




                 Walter T. Morrison
            ______________________
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004102162                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040902                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  60                  |107.0014                                |
|3.  75                  |107.0029                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



-----------------------
[pic]