RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 December 2005
      DOCKET NUMBER:  AR20050011119


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Hise                    |     |Chairperson          |
|     |Mr. Ronald Blakely                |     |Member               |
|     |Ms. Jeanette McCants              |     |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 correction of his WD AGO Form 53-55 (Enlisted
Record and Report of Separation) to show his prisoner of war (POW) status
and, in effect, award of the POW Medal.

2.  The applicant states he was held captive by the Germans from 19
December 1944 to 24 December 1944.

3.  The applicant provides a letter from his former company commander; a
newspaper article; a reply to a congressional inquiry; and copies of three
handwritten letters.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred

on 28 September 1945.  The application submitted in this case is dated 19
July 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, 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 into the Army on 27 January 1941.  He held
military occupational specialty 1607 (Squad Leader).  He departed the
continental United States on 12 February 1944 and arrived in the European-
African-Middle Eastern Theater of Operations on 23 February 1944 with
Company M, 119th Infantry Regiment, 30th Infantry Division.

5.  Company Morning Reports dated 22 December 1944 show the applicant was
missing in action (MIA) on 19 December 1944.
6.  Company Morning Reports dated 25 December 1944 show the applicant
returned to duty on 24 December 1944.

7.  The applicant's name is not listed on the World War II POW Data File.

8.  He departed the European-African-Middle Eastern Theater of Operations
on 11 September 1945 and arrived in the continental United States on
19 September 1945.

9.  The applicant provided a newspaper article which stated he had been
reported MIA since December 19th in Belgium.

10.  The applicant was honorably discharged from active duty on 28
September 1945.  His WD AGO Form 53-55 shows he was awarded the European-
African-Middle Eastern Theater Service Medal with five bronze service
stars, the American Theater Campaign Medal, the Good Conduct Medal, and the
Purple Heart.

11.  Item 31 (Military Qualification and Date) on his WD AGO Form 53-55
shows he was awarded the Combat Infantryman Badge.

12.  In a letter dated 27 April 2005, the applicant's former company
commander stated that German tanks and infantry attacked them on 19
December 1944.  The applicant, among others, was captured by the German's
1st Panzer Division and held prisoner.  The commander also stated that
their forces took Le Gleize, Belgium and liberated the applicant and others
on 24 December 1944, the sixth day of his captivity.

13.  The historical files of the Company M, 119th Infantry Regiment, 30th
Infantry Division were reviewed at the National Archives in College Park,
Maryland.  The review produced copies of the casualty roster for the period
15 September 1944 to 31 December 1944 which shows the applicant as MIA.

14.  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.

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

16.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record available and the records at the National
Archives reveal the applicant was MIA.  His name is not listed in the World
War II POW Data File.  There is insufficient evidence to show he was held
as a POW during World War II.  Regrettably, there is insufficient evidence
that has met the requirements for award of the POW Medal.

2.  The applicant's WD AGO Form 53-55 shows he was awarded the Combat
Infantryman Badge during World War II.  Therefore, he is entitled to award
of the Bronze Star Medal.

3.  The applicant served a period of qualifying service for award of the
World War II Victory Medal.

4.  Evidence shows that the applicant’s records contain administrative
errors which do 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.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 September 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.  The
applicant did not file within the 3-year statute of limitations and has not
provided a compelling explanation or evidence to show that it would be in
the interest of justice to excuse the failure to timely file.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JH______  RB______  JM______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that administrative errors 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 the Bronze Star Medal (based on award of the Combat Infantryman
Badge) and the World War II Victory Medal.




                                  James Hise____________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050011119                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051220D                               |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY WITH NOTE                          |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |130.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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