RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 August 2006
      DOCKET NUMBER:  AR20060000583


      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. Curtis Greenway               |     |Chairperson          |
|     |Mr. James Gunlicks                |     |Member               |
|     |Ms. Peguine Taylor                |     |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 records to show award of the
Prisoner of War (POW) Medal.  He also requests correction of his records to
show he was discharged in the rank of corporal.

2.  The applicant states, in effect, that his records should be corrected
to reflect his entitlement to the POW Medal and to show he was discharged
in the rank of corporal.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation); a letter from the War Claims Commission, dated
14 August 1951; and a letter from the Army Service Forces, Headquarters,
Sixth Service Command, dated 17 October 1945.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 16 October 1945.  The application submitted in this case is
dated 6 January 2006.

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 enlisted in the Army on 21 November 1942 and entered
active duty on 14 April 1943.  He departed the continental United States on
                  6 September 1944 and arrived in the European Theater of
Operations on          11 September 1944.  He departed the European Theater
of Operations on an unknown date and arrived in the continental United
States on 3 July 1945.

5.  The applicant's name is listed on the World War II POW Data File.

6.  The applicant was discharged from active duty on 16 October 1945.  His
WD AGO Form 53-55 shows entitlement to the Purple Heart, the Army Good
Conduct Medal, and the European-African-Middle Eastern Theater Campaign
Medal with two bronze service stars.

7.  Item 3 (Grade) and item 38 (Highest Grade Held) on his WD AGO Form 53-
55 shows the entry “PFC.”

8.  In a letter, dated 17 October 1945, it was announced that the applicant
was promoted to corporal effective the date of the letter.

9.  In a 14 August 1951 letter from the War Claims Commission, the
applicant was informed that he was awarded $125.00 to cover the period of
imprisonment and/or internment from 17 December 1944 to 20 April 1945.

10.  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.

11.  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.

12.  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.

DISCUSSION AND CONCLUSIONS:

1.  The World War II POW Data File shows the applicant was a POW.
Therefore, he is entitled to award of the POW Medal.
2.  The letter from the Headquarters, Sixth Service Command provided by the
applicant shows he was promoted to corporal.  Although the date of the
letter is one day after he was discharged, it would be appropriate to amend
his discharge document to show his rank as corporal.

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

4.  Records show the applicant should have discovered the error or
injustice now under consideration on 16 October 1945, the date of his
separation from active duty.  The ABCMR was not established until 2 January
1947.  Therefore, 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; 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:

CG______  JG______  PT______  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.  showing he was awarded the POW Medal, the World War II Victory
Medal, and the American Campaign Medal; and

      b.  amending item 3 and item 38 on his WD AGO Form 53-55 to show his
rank as corporal.



                            Curtis Greenway_______
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060000583                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0029                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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