RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 November 2005
      DOCKET NUMBER:  AR20050005325


      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. Anderholm            |     |Chairperson          |
|     |Mr. Thomas E. O'Shaughnessy, Jr.  |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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, award of the Prisoner of War Medal.

2.  The applicant states, in effect, that he wants his service records
corrected to show he was a prisoner of war.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation – Honorable Discharge), with a separation date of
20 October 1945; a copy of his Honorable Discharge Certificate, dated
20 October 1945; and a copy of an Informal Information Reply, dated 31
August 1981.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 20 October 1945, the date of his separation.  The application
submitted in this case is dated 22 March 2005.

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 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, the
applicant provided sufficient documents for the Board to conduct a fair and
impartial review of this case.

4.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army
on 25 March 1944.  He was awarded the military occupational specialty 604
(Light Machine Gunner) and was assigned to Company G, 349th Infantry
Regiment of the 88th Infantry Division.  This form also shows that the
applicant was honorably discharged on 20 October 1945.



5.  This form further shows that the applicant served in the European-
African-Middle Eastern Theater of Operations for the period 3 October 1944
through 24 May 1945 and was awarded the European-African-Middle Eastern
Theater Medal, the Good Conduct Medal, the Purple Heart, and Combat
Infantryman Badge.

6.  The applicant submitted an Informal Information Reply from the National
Personnel Records Center, dated 31 August 1981.  This inquiry shows that
the applicant's record of service indicated that he was in a Prisoner of
War status from 17 April 1945 through 5 May 1945.

7.  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 Branch of the Army Human Resources Command provided a
copy of the roster which lists the applicant's name and shows that he was a
prisoner of war for the period 17 April 1945 through 4 May 1945.

8.  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 POW Medal.  It states, in pertinent part, that the
POW Medal is awarded to individuals who in past-armed conflicts were taken
prisoner or held captive.

9.  Army Regulation 635-5 establishes the standardized policy for preparing
and distributing discharge documents.  In pertinent part, it directs that,
in the case of prisoners of war, the unit of assignment, country and dates
of capture and release will be entered in the “Remarks” section of the
discharge document.

10.  Review of the applicant's personnel records indicates he is entitled
to additional awards that are not shown on his separation document.

11.  The applicant's WD AGO Form 53-55 does not show award of the Bronze
Star Medal and the World War II Victory Medal.

12.  Army Regulation 600-8-22 also 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 Combat
Infantryman Badge or the Combat Medical Badge 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 either badge for service
during World War II.

13.  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.

14.  The applicant's WD AGO Form 53-55 shows he was awarded the European-
African-Middle Eastern Theater Medal.  Item 32 (Battles and Campaigns) of
this form also shows he participated in the North Appennines and Po Valley
campaigns.

15.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was a prisoner of war during his military
service during World War II.

2.  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.  The applicant is also entitled to
correction of item 55 (Remarks) of his WD AGO Form 53-55 to show “Prisoner
of War, 349th Infantry Regiment, Italy, 450417 - 450504.”

3.  Evidence shows the applicant was awarded the Combat Infantryman Badge;
therefore, the applicant is also entitled to award of the Bronze Star Medal
based on award of the Combat Infantryman Badge and correction of his
records to show this award.

4.  In accordance with governing regulations, the applicant is entitled to
the award of the World War II Victory Medal based on his service during
World War II from 3 October 1944 through 24 May 1945.  Therefore, his
service records should be corrected to show this award.



5.  Records show the applicant was credited for two campaigns during his
service in World War II.  However, he never received any bronze service
stars to recognize these campaigns.  Therefore, he is entitled to
correction to show two bronze service stars affixed to his European-African-
Middle Eastern Campaign Medal.

6.  In this case, the applicant failed to file the application within the 3-
year statute of limitations.  However, the applicant has satisfactorily
demonstrated through submission of relevant evidence that it would be in
the interest of justice to excuse the failure to timely file.

BOARD VOTE:

_CA_____  _JA____  _TO_  ___  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, the Bronze Star Medal based on award of the Combat Infantryman
Badge, the World War II Victory Medal, two bronze service stars affixed to
his European-African-Middle Eastern Campaign Medal, and an entry in item 55
(Remarks) of his WD AGO Form 53-55 to show “Prisoner of War, 349th Infantry
Regiment, Italy, 450417 - 450504.”




                               __James E. Anderholm__
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050005325                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051101                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  75   |107.0029/POWM                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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