RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           8 November 2005
      DOCKET NUMBER:  AR20050005822


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Ms. Diane Armstrong               |     |Member               |
|     |Ms. Delia Trimble                 |     |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 (POW)
Medal.

2.  The applicant states, in effect, he was held as a POW during World War
II for three months before he escaped from Germany.  He also contends that
he was not given status as a POW as noted on his WD AGO Form 100
(Separation Qualification Record).

3.  The applicant provides a copy of a WD AGO Form 100; a copy of his WD
AGO Form 53-55 (Enlisted Record and Report of Separation); a letter, dated
18 March 2005, from the Casualty and Memorial Affairs, U.S. Army Human
Resources Command; a letter, dated 23 October 1944, from the War
Department; and a newspaper article.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
3 November 1945.  The application submitted in this case is dated 6 April
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 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 was inducted on 15 October 1941.  He served in the
European Theater of Operations from 24 February 1944 through 1 November
1944 and was honorably discharged on 3 November 1945.

5.  Item 32 (Battles and Campaigns) on the applicant's WD AGO Form 53-55
shows he participated in one battle and campaign.  His WD AGO Form 53-55
shows the American Defense Service Medal, the “ATO Medal,” the European-
African-Middle Eastern Campaign Medal, and the World War II Victory Medal
as authorized awards.  His WD AGO Form 53-55 shows that he received the
Combat Infantryman Badge.  His WD AGO Form 53-55 also shows that he served
3 years, 3 months, and 10 days of continental service.

6.  There is no evidence in the available records which shows the applicant
was a POW during World War II.  His name does not appear on the U.S.
National Archives and Records Administration World War II Prisoner of War
Data File.

7.  In support of his claim, the applicant provided a WD AGO Form 100.
Item 23 (Remarks) on this form states the applicant was a POW for 3 months,
that he escaped from Germany, and that he returned to the American lines.

8.  The applicant provided a letter, dated 23 October 1944, from the War
Department.  This letter states the applicant was reported missing in
action in France on 15 July 1944 and that lists of prisoners of war
received from the enemy, through the International Red Cross, were reviewed
and did not contain the applicant’s name.

9.  The applicant provided a letter, dated 18 March 2005, from the Casualty
and Memorial Affairs which indicates that office was unable to verify the
applicant’s status as a POW after reviewing the “Listings of Prisoners of
War – World War II, the Adjutant Generals Office – Strength Accounting
Branch.”

10.  The applicant also provided a newspaper article which states he was
captured in France in early July 1944 and that he had escaped from Germany.
 This article also stated he wrote his parents a letter informing them that
he had been a POW in Germany and had escaped.

11.  Army Regulation 600-8-22 (Military Awards) 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.

12.  The purpose of the WD AGO Form 100 was to assist World War II veterans
in post-service employment, education, or any other endeavor by the service
member.  The form was prepared based on service personnel records and
personal interview for a very specific purpose and was not intended as a
replacement or substitute for the official records of the individual’s
service.  For these reasons, this form was prepared on a one-time basis and
was not replaced or edited after the fact.


13.  Army Regulation 600-8-22 authorizes a bronze service star, based on
qualifying service, for each campaign listed in Appendix B of this
regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form
53-55.

14.  Army Regulation 600-8-22 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.

15.  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 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.

DISCUSSION AND CONCLUSIONS:

1.  Although the WD AGO Form 100 and the newspaper article indicate the
applicant was a POW for three months and that he escaped from Germany, the
U.S. National Archives and Records Administration World War II POW Data
File indicates that the applicant was not a POW during World War II.
Regrettably, there is insufficient evidence for granting the applicant's
request.

2.  The applicant participated in one campaign during World War II which
entitles him to award of the European-African-Middle Eastern Campaign Medal
with one bronze service star.

3.  Based on the Combat Infantryman Badge, the applicant is entitled to
award of the Bronze Star Medal.

4.  The applicant served a period of qualifying service for award of the
American Campaign Medal.
5.  Records show the applicant should have discovered the alleged error now
under consideration on 3 November 1945; therefore, the time for the
applicant to file a request for correction of any error or injustice
expired on 1 January 1950
(3 years after the Board was established on 2 January 1947).  The applicant
did not file within the 3-year statute of limitations; however, based on
the available evidence it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

SK_____  __DA___  __DT____  GRANT FULL RELIEF

________  ________  ________  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 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
European-African-Middle Eastern Campaign Medal with one bronze service
star, the Bronze Star Medal (based on award of the Combat Infantryman
Badge), and the American Campaign Medal.

2.  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.  Therefore, the Board recommends that the
records of the individual concerned also be corrected to show award of the
POW Medal.




            __Stanley Kelley_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050005822                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051108                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0029                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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