RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 May 2007
      DOCKET NUMBER:  AR20060017319


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

      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. Ronald J. Weaver              |     |Member               |
|     |Mr. David W. Tucker               |     |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 that the Prisoner of War (POW) Medal be added to
his WD AGO Form 53-55 (Honorable Discharge and Report of Separation).

2.  The applicant states he was sent the POW Medal; however, the award is
not listed on his separation document.  He would like his separation
document to list all decorations he received while in service.

3.  In an 8 January 2001 letter to the U. S. Army Reserve Personnel Center,
the applicant stated he was captured and taken to a prison hospital in the
town of Rennes [France].  He did not indicate when he was captured or
how/when he was released from captivity.

4.  The applicant provides a photograph of the POW Medal; an undated
letter, from Chris to Shirley; a VA Form 21-4138 (Statement in Support of
Claim); a VA Form 21-22 (Appointment of Veterans Service Organization as
Claimant’s Representative); his WD AGO Form 53-55; his WD AGO Form 100
(Separation Qualification Record); two DA Forms 1577 (Authorization for
Issuance of Awards), one dated 10 March 1997 and one dated 29 October 2001;
a letter, dated 4 December 2000, from the Embassy of France; and an Embassy
of France “Thank-You-America Certificate, dated 19 April 2001.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on or about 29 October 2001, when he was sent the POW Medal.  The
application submitted in this case is dated 6 December 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, to include
his service medical records, for the Board to conduct a fair and impartial
review of this case.

4.  The applicant was inducted into the Army on 14 September 1943 and
entered active duty on 5 October 1943.  He arrived in the European-African-
Middle Eastern Theater of Operations on 19 April 1944.

5.  Office of The Surgeon General Hospital Admission cards show the
applicant was hospitalized as a battle casualty in August 1944 for 53 days
and returned to duty in September 1944.  They show he was hospitalized as a
battle casualty again in November 1944 for 29 days and returned to duty in
December 1944.

6.  The applicant’s WD AGO Form 53-55 shows his last unit as the 394th
Signal Company (Aviation).  His WD AGO Form 100 shows he last performed
light truck driver duties for an Air Corps unit in Europe.

7.  The applicant departed the European-African-Middle Eastern Theater of
Operations on 16 February 1946.  He was honorably discharged on 13 March
1946 with a certificate of eligibility.

8.  The applicant’s WD AGO Form 53-55 shows he participated in two
campaigns and was awarded the Purple Heart with one oak leaf cluster, the
World War II Victory Medal, the European-African-Middle Eastern Campaign
Medal, and the Combat Infantryman Badge.

9.  On a DA Form 1577 dated 29 October 2001, the applicant was authorized
issuance of the POW Medal.

10.  On 21 May 2007, the Casualty Branch, U. S. Army Human Resources
Command – Alexandria, VA informed the Board analyst that it had no record
of the applicant being a POW.

11.  Army Regulation 600-8-22 (Military Awards) provides for award of the
Prisoner of War Medal.  The regulation states the Prisoner of War Medal was
authorized on 8 November 1985 and is awarded to individuals who in past
armed conflicts were taken prisoner or held captive.

12.  Army Regulation 600-8-22 provides for award of the Bronze Star Medal
to any person who distinguished himself or herself by heroic or meritorious
achievement or service, not involving participation in aerial flight, in
connection with military operations against an armed enemy.  It also
provides for award of the Bronze Star Medal to members of the armed forces
who, after 6 December 1941 and prior to 3 September 1945, have been cited
in orders or in a formal certificate for meritorious or exemplary conduct
in ground combat against the armed enemy.  A citation in orders for the
Combat Infantryman Badge or Medical Badge awarded in the field during the
period of actual combat against the armed enemy is considered as a citation
for exemplary conduct in ground combat.

13.  Army Regulation 600-8-22 authorizes award of a bronze service star,
based on qualifying service, for each campaign listed in Appendix B of this
regulation.  Authorized bronze service stars will be worn on the
appropriate campaign or service medal, including the European-African-
Middle Eastern Campaign Medal.

14.  Army Regulation 600-8-22 provides for award of the Army of Occupation
Medal for service of 30 consecutive days at a normal post of duty in a
qualifying location.  For award of the Army of Occupation Medal with
Germany clasp, qualifying service must have occurred between 9 May 1945 and
5 May 1955 and the European-African-Middle Eastern Campaign Medal must have
been awarded prior to 9 May 1945.

15.  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 394th Signal
Company    was given occupation credit for Germany for the period 4
September through    31 October 1945.

DISCUSSION AND CONCLUSIONS:

1.  It is acknowledged that the applicant was authorized issuance of, and
sent, the POW Medal in 2001.  However, the basis for award of the POW Medal
cannot be determined.  There is no evidence of record to show he was a POW,
he provided no evidence to show he was a POW either with his current
application or with his January 2001 letter to the U. S. Army Reserve
Personnel Center (and a very limited explanation of the circumstances of
his captivity with that letter), and the Casualty Branch, U. S. Army Human
Resources Command – Alexandria, VA does not have him listed as a POW.

2.  Regrettably, there is insufficient evidence on which to base adding the
POW Medal to the applicant’s WD AGO Form 53-55.

3.  The applicant was awarded the Combat Infantryman Badge; therefore, he
is eligible for award of the Bronze Star Medal based upon award of the
Combat Infantryman Badge.

4.  The applicant participated in two campaigns and is therefore eligible
for wear of two bronze service stars on his European-African-Middle Eastern
Campaign Medal.

5.  The applicant was assigned to a unit in Germany that was awarded
occupation credit.  Therefore, he met the eligibility criteria for award of
the Army of Occupation Medal with Germany clasp.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on or about 29 October 2001; therefore,
the time for the applicant to file a request for correction of any error or
injustice expired on or about 28 October 2004.  The applicant did not file
within the 3-year statute of limitations; however, based upon the available
it would be in the interest of justice to excuse failure to timely file in
this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__jcr___  __rjw___  __dwt___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 Bronze Star Medal (based upon award of the Combat
Infantryman Badge); and

     b.  amending his WD AGO Form 53-55 to add the Bronze Star Medal, the
Army of Occupation Medal with Germany clasp, and to show he is eligible to
wear two bronze service stars on his already-awarded European-African-
Middle Eastern Campaign Medal.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
adding the Prisoner of War Medal to his WD AGO Form 53-55.




                                  __Jeffrey C. Redmann__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060017319                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070524                                |
|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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