RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 March 2007
      DOCKET NUMBER:  AR20060012578


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Scott W. Faught               |     |Member               |
|     |Mr. Roland S. Venable             |     |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 award of the Prisoner of War (POW) Medal and
correction of his WD AGO 53-55 (Enlisted Record and Report of Separation)
to add the POW Medal.

2.  The applicant states he was not aware that he should have received the
POW Medal until it was recently brought to his attention.

3.  The applicant provides a certified copy of his WD AGO Form 53-55.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on    8 November 1985, the date the POW Medal was authorized.  The
application submitted in this case is dated 11 July 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 was inducted into the Army on 25 July 1942 and entered
active service that date.  He arrived in the European Theater of Operations
on             20 October 1944.

5.  The applicant’s WD AGO Form 100 (Separation Qualification Record) shows
he performed duties as a rifleman and as an infantry squad leader for 36
months.

6.  The applicant departed the European Theater of Operations on 3 June
1945.  He was honorably discharged on 7 October 1945.  His WD AGO Form 53-
55 shows he was awarded the Army Good Conduct Medal, the European-African-
Middle Eastern Campaign Medal, and the Purple Heart.  It also shows he was
credited with participation in two campaigns.

7.  U. S. Army Human Resources Command Permanent Order 013-6 dated      13
January 2005 awarded the applicant the Silver Star for gallantry in action
on  4 April 1945 while assigned to Company K, [3d Battalion], 398th
Infantry Regiment, 100th Infantry Division.  The citation for the Silver
Star indicated the applicant was taken prisoner on that date.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
for award of the POW Medal.  The regulation states 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.

9.  Army Regulation 600-8-22 provides for award of the Combat Infantryman
Badge to a Soldier who is an infantryman satisfactorily performing infantry
duties, who is assigned to an infantry unit during such time as the unit is
engaged in active ground combat, and who actively participates in such
ground combat.

10.  Army Regulation 600-8-22 provides for award of the Bronze Star Medal
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.  Therefore, the Bronze Star Medal is to be awarded to
individuals who were authorized either badge for service during World War
II.

11.  Army Regulation 600-8-22 provides 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 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.  This regulation states authorized bronze service stars will be worn
on the appropriate campaign or service medal including the European-African-
Middle Eastern Campaign Medal.

13.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving during World War II.  This document shows that the 3d Battalion,
398th Infantry was cited for award of the Distinguished Unit Citation
(currently designated the Presidential Unit Citation) for the period 3
through 12 April 1945 by War Department General Orders 11-46, dated 1946.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant met the eligibility criteria
for award of the POW Medal.

2.  The applicant’s WD AGO Form 100 showed he performed duties as an
infantryman for 36 months.  The form is accepted as sufficient evidence to
show he was an infantryman.  He was later awarded the Silver Star, and his
Silver Star citation confirms he satisfactorily performed infantry duties
during actual combat with an infantry unit.  Therefore, it appears he met
the eligibility criteria for award of the Combat Infantryman Badge.  Based
upon award of the Combat Infantryman Badge, he is eligible for award of the
Bronze Star Medal.

3.  The applicant met the eligibility criteria for award of the World War
II Victory Medal.  He also met the eligibility criteria for award of two
bronze service stars to be worn on his European-African-Middle Eastern
Campaign Medal.

4.  The applicant was assigned to the 3d Battalion, 398th Infantry during a
period of time it was awarded the Distinguished Unit Citation (currently
designated the Presidential Unit Citation).

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 8 November 1985; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on      7 November 1988.  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:

__jea___  __swf___  __rsv___  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.  awarding him the Combat Infantryman Badge and the Bronze Star
Medal based upon award of the Combat Infantryman Badge; and

     b.  amending his WD AGO Form 53-55 to add the Prisoner of War Medal,
the Silver Star, the Bronze Star Medal, the Combat Infantryman Badge, the
Presidential Unit Citation, and the World War II Victory Medal and to show
he is authorized to wear two bronze service stars on his already-awarded
European-African-Middle Eastern Campaign Medal.




                            __James E. Anderholm__
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060012578                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070306                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |107.0029                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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