RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 March 2007
      DOCKET NUMBER:  AR20060012880


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Larry W. Racster              |     |Member               |
|     |Mr. Rodney E. Barber              |     |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 Purple Heart (PH).

2.  The applicant states, in effect, that he wishes to be awarded the PH in
accordance with the law authorizing award of the PH to all who were held as
a Prisoner of War (POW) during World War II.  He states he was a POW from
21 January 1944 through 6 May 1945.

3.  The applicant provides a General Services Administration (GSA) letter,
dated 11 October 1978, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred during his World War II service; however, since the PH policy
regarding World War II POWs was significantly changed by the 1996 National
Defense Authorization Act (NDAA) and because there is no statute of
limitations on the PH, his application is considered to have been timely
submitted and is not subject to the 3-year statute of limitations for
application to this Board.

2.  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.  This case is being
considered using reconstructed records, which primarily consist of the
applicant's 3 November 1945 separation document (WD AGO Form 53-55).

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army
and entered active duty on 18 May 1943.  It also shows he served in the
European Theater of Operations (ETO) from 23 November 1943 through
15 January 1945, and that he participated in the Central Europe, Naples-
Foggia, and Rome-Arno campaigns of World War II.

4.  The applicant's separation document also shows that during his active
duty tenure, he earned the Combat Infantryman Badge, European-African-
Middle Eastern Campaign Medal with 3 bronze service stars, Army Good
Conduct Medal, and World War II Victory Medal.  The PH is not included in
the list of awards contained on the applicant's WD AGO Form 53-55.  Item 34
(Wounds Received In Action) contains the entry "None", and the applicant
authenticated this document with his signature on the date of his
separation.

5.  The applicant's National Personnel Records Center (NPRC) file contains
no documents indicating the applicant was wounded at the time he was taken
as a POW, or evidence that he was wounded or injured while a POW.

6.  The applicant's separation document confirms he was honorably separated
on 3 November 1945, in the rank of private first class, after completing a
total of
2 years, 5 months, and 23 days of active military service.

7.  A GSA letter on file, dated 11 October 1978, confirms the applicant was
a POW from 21 January 1944 to 6 May 1945.  No additional information
regarding whether the applicant was wounded or injured while being taken
prisoner, or while in captivity was available.

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  Paragraph 2-8 contains guidance on awarding the PH and it states,
in pertinent part, that it is authorized to members who are wounded or
killed in action.  A wound is defined as an injury to any part of the body
from an outside force or agent.  It further stipulates that in order to
support award of the PH, the wound for which the award is being made must
have required treatment by medical personnel and records of medical
treatment for wounds or injuries received in action must have been made a
matter of official record.  The PH is authorized for those who became POWs
during World War II, the Korean War and before and after 25 April 1962, and
it will be awarded to those POWs who were wounded while being taken
prisoner or while in captivity.

9.  Section 521a of the National Defense Authorization Act (NDAA) of 1996,
authorized award of the PH to any former POW who was wounded before
25 April 1962, while held as a prisoner of war or while being taken
captive, in the same manner as a former POW who was wounded on or after
that date.  Section 521b specifically stated that award of the PH for POWs
under Section 521a shall be made in accordance with the standards in effect
on the date of the enactment of this Act to persons wounded on or after 25
April 1962.

10.  During World War II and the Korean War the PH was not awarded to
Soldiers who had been injured while in captivity or while being taken
captive.  These injuries were considered to be the result of war crimes and
not the result of a legal action of war.  War Department policy, at that
time, required that wounds must have been received in action against the
enemy or, in other words, incurred in actual combat.  Executive Order
11016, dated 25 April 1962, provided more latitude with respect to award of
the PH to POWs, as well as the authority to award the decoration to wounded
Soldiers even in the absence of a formal declaration of war.  The issue as
to whether this change in policy would be implemented retroactively to POWs
from World War I, World War II, and the Korean War was considered several
times.  Initially it was decided that the change in policy would not be
retroactively implemented.  It was concluded that it would be inappropriate
for the Department of Defense to retroactively change the standards and, in
effect, countermand the decisions of the past leadership.  However, as part
of the NDAA of 1996, Congress authorized award of the PH to any former POW
who was wounded before 25 April 1962, while held as a POW, or while being
taken captive, in the same manner as a former POW who was wounded on or
after that date.

11.  Paragraph 2-9 of the awards regulation contains guidance on the POW
Medal.  It states, in pertinent part, that it is authorized to members who,
while serving in any capacity with the U.S. Armed Forces, was taken
prisoner and held captive after 5 April 1917.

12.  Paragraph 3-13 of the awards regulation outlines the criteria for
award of the Bronze Star Medal (BSM).  Paragraph 3-13d (2) states, in
effect, that the BSM is authorized to members of the Armed Forces of the
United States who, after
6 December 1941, were cited in orders or awarded a certificate for
exemplary conduct in ground combat against an armed enemy between 7
December 1941 and 2 September 1945.  This paragraph also stipulates that
for this purpose, an award of the Combat Infantryman Badge is considered as
a citation in orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the PH based on his
having been a POW was carefully considered.  However, there is insufficient
evidence to support this claim.  During World War II and the Korean War the
PH was not awarded to Soldiers who had been injured while in captivity or
while being taken captive.  These injuries were considered to be the result
of war crimes and not the result of a legal action of war.

2.  The evidence of record confirms that as a result of the 1996 NDAA, POWs
during World War II were authorized to receive the PH if they had been
wounded while being taken prisoner or while in captivity.  This law did not
automatically authorize the PH to all POWs, it simply allowed POWs from
this era to receive the PH if they were wounded while held as a POW or
while being taken captive, in the same manner as a former POW who was
wounded on or after that date.

3.  In this case, there is no evidence of record, or independent evidence
provided by the applicant showing that he was wounded while being taken
prisoner or while in captivity.  Therefore, the regulatory burden of proof
necessary to support award of the PH has not been satisfied in this case
and there is an insufficient evidentiary basis to support granting the
requested relief.

4.  The record does show that the applicant is entitled to the POW Medal
based on being a POW and that as a result of receiving the CIB, he is
entitled to the BSM for his exemplary conduct in ground combat against an
armed enemy in the ETO from 25 November 1943 through 15 January 1945.  The
omission of these awards from his separation document is an administrative
matter that does not require Board action.  Therefore, the Case Management
Support Division,
St. Louis, Missouri, will administrative correct his record as indicated  in
paragraph 2 of BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__MKP __  __LWR__  __REB __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice related to award of the Purple Heart.  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.  The Board determined that administrative error in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show his entitlement to the Prisoner of War Medal
and Bronze Star Medal; and by providing him a correction to his separation
document that includes these awards.




                                  _____Margaret K. Patterson___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060012880                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/03/15                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/11/03                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Demobilization                          |
|BOARD DECISION          |DENY with Note                          |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]