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ARMY | BCMR | CY2007 | 20070003283C071029
Original file (20070003283C071029.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 July 2007
      DOCKET NUMBER:  AR20070003283


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Jerome L. Pionk               |     |Member               |
|     |Mr. John G. Heck                  |     |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, the daughter of a deceased former service member (FSM),
requests, in effect, that the Purple Heart and the Prisoner of War Medal be
added to her father's WD AGO Form 53-55, Enlisted Record and Report of
Separation - Honorable Discharge.

2.  The applicant states, in effect, that her dad was awarded these medals
after his discharge and she would like to have them added to his WD AGO
Form 53-55.

3.  In support of her application, the applicant submitted a copy of WD AGO
Form 0718, Requisition to Philadelphia QM [Quartermaster] Depot, Subject:
Purple Heart, prepared by the War Department, The Adjutant General's
Office, Washington, D. C., on 5 November 1945, which awards the Purple
Heart to her father; a copy of her father's certificate of death in which
she is named as the informant [and in turn establishing her rights as an
applicant with proper interest]; and a copy of correspondence she received
in reply to an inquiry she submitted to the National Personnel Records
Center (NPRC) about her father's awards.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 28 October 1945, the date her father was
honorably separated from the Army of the United States.  The application
submitted in this case is dated 25 February 2007 and was received for
processing on 8 March 2007.

2.  The FSM's records were lost or destroyed in the National Personnel
Records Center fire of 1973.  Information herein was obtained from the
FSM's enlisted record and report of separation and from other official Army
sources.

3.  The evidence shows the FSM was inducted into the Army of the United
States on 31 January 1942 and entered service at Fort Leavenworth, Kansas,
on the same date.  The FSM was honorably separated in the grade of private
first class, on 28 October 1945, as a truck driver, in the military
occupational specialty, 345.

4.  The FSM's WD AGO Form 53-55, shows, in Item 33 (Decorations and
Citations), that he was awarded the European-African-Middle Eastern
Campaign Medal, with three bronze service stars; two overseas service
bars, and one service stripe.  The Purple Heart and the Prisoner of War
Medal are not shown on the WD AGO Form 53-55.

5.  Item 31 (Military Qualification and Date), of the FSM's WD AGO Form 53-
55, shows the FSM was awarded the Marksman Marksmanship Qualification
Badge, with Rifle Bar.

6.  Item 34 (Wounds Received in Action), of the FSM's WD AGO Form 53-55,
shows the entry, "None."

7.  Item 37 (Total Length of Service), of the FSM's WD AGO Form 53-55,
shows he was credited with 2 years, 3 months, and 16 days Continental
service and 1 year, 5 months and 12 days foreign service.

8.  Item 55 (Remarks), of the FSM's WD AGO Form 53-55, shows he was
issued the Lapel Button [correctly known as the Honorable
Service/Discharge Emblem].

9.  The FSM's WD AGO Form 53-55, shows no award of the Purple Heart in Item
33.  The separation document shows the entry, "None," in Item 34.

10.  The applicant provided a copy of a WD AGO Form 0718,  In this
requisition, The Adjutant General's Office directed that the Purple Heart
be forwarded to the Commanding Officer, AG and SF Redistribution Station,
Fort Sam Houston, Texas, for presentation to the applicant's father.  This
requisition order states the applicant's father was wounded in action on 6
November 1944 in Germany.

11.  The World War II Prisoners of War Data File maintained by the National
Archives and Records Administration, shows the FSM was a prisoner of war at
Stalag 2A, Neubrandenburg, Mecklenberg 53-13, from 7 November 1944 through
21 July 1945 when he was returned to military control, liberated, and
repatriated.

12.  In the correspondence the applicant received in reply to her inquiry
to the NPRC about her father's awards, verification was made that the FSM
was entitled to award of the Prisoner of War Medal, the European-African-
Middle Eastern Campaign Medal, with three bronze service stars; the World
War II Victory Medal; the Marksman Marksmanship Qualification Badge, with
Rifle Bar; and the Honorable Service Lapel Button, World War II.

13.  Army Regulation (AR) 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.
14.  AR 600-8-22 (Military Awards) provides, in pertinent part, for award
of the Prisoner of War Medal.  The regulation states that 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.

15.  AR 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 evidence shows the FSM was awarded the Purple Heart for wounds
he sustained in action on 6 November 1944, while he served in World War II,
in Germany.  Because this award was made after the FSM was separated from
the Army of the United States, it was not included among his authorized
awards on WD AGO Form 53-55, on his separation date.  He is entitled to
have this award added to his WD AGO Form 53-55.

2.  The evidence shows the FSM was a prisoner of war during World War II.
Because the Prisoner of War Medal was not authorized for award to those who
were, in past armed conflicts, taken prisoner or held captive until
8 November 1985, he is entitled to award of the Prisoner of War Medal and
to have it added to his WD AGO Form 53-55.

3.  The evidence shows the FSM served an aggregate period of over one year
in the Continental United States during his service on active duty.  He is
therefore entitled to award of the American Campaign Medal and to have it
added to his WD AGO Form 53-55.

4.  The FSM served on active duty during the qualifying period, between
7 December 1941 and 31 December 1946, for award of the World War II
Victory Medal.  He is therefore entitled to award of the World War II
Victory Medal and to have it added to his WD AGO Form 53-55.

BOARD VOTE:

___JH___  __LDS__  __JP ___  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.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:


      a.  adding the Purple Heart to the FSM's WD AGO Form 53-55, for wounds
he received in action in Germany, on 6 November 1944;


      b.  awarding the FSM the Prisoner of War Medal for being held a
prisoner of war during the period from 7 November 1944 through 21 July
1945; and

      c.  awarding the FSM the American Campaign Medal and the World War II
Victory Medal and adding these service awards to his WD AGO Form 53-55.




                                  ____Linda D. Simmons____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070003283                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070726                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |107.0015                                |
|3.                      |107.0029                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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