RECORD OF PROCEEDINGS


      IN THE CASE OF:    Hancock, Charles E. (Deceased)


      BOARD DATE:        25 January 2007
      DOCKET NUMBER:  AR20060007722


      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. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Ms. Marla J.N.Troup               |     |Member               |
|     |Mr. Michael J. Flynn              |     |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's son requests, in effect, reconsideration of his
father's request for correction of his records to show prisoner of war
(POW) status and award of the POW Medal.

2.  The applicant states, in effect, that his father was held captive by
German forces during the Battle of the Bulge from 19 December 1944 to 24
December 1944, but his records do not reflect this.  He also states, in
effect, that German forces did not report POW information to neutral
governments or to the International Red Cross as required by the laws of
war and, as a result, his father's POW status was not documented.  The
applicant further states, in effect, that this error should be corrected so
that his father may receive the recognition and benefits he deserves.

3.  The applicant provides a letter from his father's former company
commander, dated 30 March 2006; a letter from a former noncommissioned
officer (NCO) of the unit, dated 27 April 2006; a newspaper article, dated
7 January [1944]; National Archives, Modern Military Records, Textual
Archives Services Division, College Park, Maryland, dated 2 June 2005;
letter from Veterans Affairs Officer, Saluda County, Veterans Affairs
Office, Saluda, South Carolina, dated
11 October 1994; War Department, The Adjutant General's Office letter,
dated
19 December 1945; Headquarters, 4th Convalescent Hospital (France), General
Order Number 19, dated 25 July 1944; WD AGO Form 53-55 (Enlisted Record and
Report of Separation - Honorable Discharge), with an effective date of
28 September 1945; WD AGO Form Number 100 (Army Separation Qualification
Record), dated 28 September 1945; and a newspaper article, circa 1973.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's father's case
by the Army Board for Correction of Military Records (ABCMR) in Docket
Number AR20050011119, on 20 December 2005.

2.  The applicant's father was inducted into the Army on 27 January 1941
and held military occupational specialty 1607 (Squad Leader).  He arrived
in the European-African-Middle Eastern Theater of Operations on 23 February
1944 with Company M, 119th Infantry Regiment, 30th Infantry Division.  He
departed the European-African-Middle Eastern Theater of Operations on 11
September 1945, arrived in the continental United States on 19 September
1945, and was honorably discharged from active duty on 28 September 1945.
3.  The applicant's father's records contain an extract of WD AGO
Miscellaneous Report Form (Casualty Report for Period of 15 September 1944
to 31 December 1944) for the 119th Infantry Regiment that shows, in
pertinent part, that he was reported missing in action (MIA) during that
period.

4.  In support of the request for reconsideration, the applicant provides a
letter from his father's former company commander and a former NCO of the
unit.  These letters state, in pertinent part, that German tanks and
infantry attacked their unit (i.e., Company M, 119th Infantry Regiment,
30th Infantry Division) on
19 December 1944 and that the applicant's father, along with an
undetermined number of other Soldiers of the unit, was captured by the
German's 1st Panzer Division and held prisoner.  The commander and NCO also
state that their forces counterattacked, took Le Gleize, Belgium, and
liberated the applicant's father and others on 24 December 1944, the sixth
day of his captivity.  They also state that historical unit morning reports
from that time period will verify their assignment to the unit at the time.
 The newspaper article, dated 7 January 1944, reports that the applicant's
father was missing in action since 19 December 1944 in Belgium, while the
newspaper article (circa 1973) indicates he was captured during the Battle
of the Bulge.  The letter from the Saluda County, Veterans Affairs Office,
Veterans Affairs Officer, dated 11 September 1994, certifies that the
applicant's father was a POW in World War II.  The letter from the Chief,
Modern Military Records, National Archives, dated 2 June 2005, states that
they were unable to locate any documentation among records in their custody
that indicate the applicant's father's POW status.  It also offers that,
given the brief period of captivity, it is likely that the exchange of this
information did not occur between Germany to neutral powers or the
International Red Cross, and the U.S. State Department or War Department.
The WD AGO Form 53-55, WD AGO Form Number 100, War Department, The Adjutant
General's Office letter, dated
19 December 1945; and Headquarters, 4th Convalescent Hospital (France),
General Order Number 19, dated 25 July 1944; provide, in pertinent part,
evidence of the applicant's father's military service, including his
military occupational specialty, training, principal duties, and his awards
and decorations.

5.  Army Regulation 600-8-1 (Army Casualty Program) defines missing in
action as a Soldier who is not present at his or her duty location due to
apparent involuntary reasons and whose location is unknown.

6.  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 authorized for any person who, while
serving in any capacity with the U.S. Armed Forces, was taken prisoner and
held captive after 5 April 1917, while engaged in an action against an
enemy of the United States.  This document also states that personnel
officially classified as MIA are not eligible for award of the POW Medal.
The POW Medal will only be awarded when the individual's prisoner of war
status has been officially confirmed and recognized as such by the
Department of the Army.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his father's application should be
reconsidered to correct his records to show POW status and award of the POW
Medal based on being held captive by German forces, from 19 December 1944
to 24 December 1944, during the Battle of the Bulge.

2.  The original request, along with this request and the additional
documentation provided by the applicant, were carefully considered.
Despite the letter from the Saluda County, Veterans Affairs Officer (dated
11 September 1994) who certifies the applicant's father's was a POW in
World War II, and the two statements from his former company commander and
an NCO of the unit (both prepared in 2006) who certify that he was captured
by German forces, the applicant provides insufficient evidence to show that
his father was a POW during World War II.

3.  The historical evidence of record available shows that the applicant's
father's status was reported as missing in action during World War II.
Moreover, his name is not listed in the World War II Prisoner of War Data
File.

4.  There is no evidence of record that shows the applicant's father was
reported as a prisoner of war during World War II.  The Board notes that
the applicant's father's former company commander provides no explanation
as to why he reported the applicant's father's status as MIA rather than
POW at the time, although he states the applicant's father (among others),
was captured and held prisoner by the German's 1st Panzer Division."  In
addition, he offers no information or explanation as to why, as the company
commander, he did not effect a change to correct their status (i.e., to
reflect POW status rather than MIA for the period of time in question) when
the applicant's father and the other Soldiers returned to their unit, if,
in fact, they had actually been in a POW status. Therefore, in view of the
foregoing and in the absence of official documentary evidence, the
applicant's father is not entitled to correction of his records to show
prisoner of war status, nor is he entitled to award of the Prisoner of War
Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___RTD__  __M.J.N.T ___MJF _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 to amend the decision of
the ABCMR set forth in Docket Number AR20050011119, dated 20 December 2005.




                                  ____Richard T. Dunbar____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007722                           |
|SUFFIX                  |                                        |
|RECON                   |200612DD                                |
|DATE BOARDED            |2007/01/25                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19450928                                |
|DISCHARGE AUTHORITY     |AR 615-365, RR 1-1 (Demobilization)     |
|DISCHARGE REASON        |Convenience of the Government           |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |130.0000.0000                           |
|2.                      |107.0029.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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