RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 October 2007
	DOCKET NUMBER:  AR20070005642 


	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

Ms. Joyce Wright

Analyst

The following members, a quorum, were present:


Mr. John Slone

Chairperson

Mr. John Meixell

Member

Mr. David 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, in effect, correction of her WD AGO Form 53-98 (Military Record and Report of Separation Certificate of Service) to show that she was a Prisoner for War (POW) and that she be awarded the POW Medal. 

2.  The applicant states, in effect, she was told that her records were destroyed by a fire in the 1960's (sic 1973) and that she knows that the information pertaining to her capture was in her records at that time. 

3.  The applicant provides no additional documentation in support of her request.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that she was commissioned as a second lieutenant (2LT/O-1), in the Army of the United States on 1 January 1943 
and entered active duty the same date, in the Army Nurse Corps.  She was assigned to the 4th Auxiliary Surgical Group.  She served in the European Theater of Operations (ETO) from 16 April 1944 to 11 August 1945.  She was promoted to first lieutenant on 27 June 1945 and was released from active duty on 18 April 1946.

3.  The applicant’s WD AGO Form 53-98 shows that she was credited with participation in five campaigns of World War II.  She was awarded the American Campaign Medal, the World War II Victory Medal, the Meritorious Service Unit Plaque [now known as the Meritorious Unit Commendation], the European-African-Middle Eastern (EAME) Campaign Medal, and the Presidential Unit Citation.  Her WD AGO 53-98 does not show any additional awards.
4.  There is no evidence in the available records that show the applicant was a POW during World War II.  Information provided by the Army Human Resources Command (AHRC)-Alexandria, Repatriations Branch, revealed that the applicant's name does not appear on the World War II POW List.

5.  The available records contain several morning reports prepared while the applicant was assigned to the 4th Auxiliary Surgical Group during World War II.  The reports failed to show that she was captured or missing in action and declared a POW; however, they do indicate that she took leave, was returned to duty, was reassigned for duty from one hospital to another as a nurse, and was promoted to first lieutenant.

6.  Army Regulation 600-8-22 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 awarded to individuals who in past-armed conflicts were taken prisoner or held captive.

7.  While the applicant was serving in the ETO she participated in the Normandy, Northern France, Rhineland, Ardennes, and the Central Europe campaigns. 

8.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  A silver service star is authorized in lieu of five bronze service stars. 

9.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, occupation credit awarded to units during World War II.  This document shows the unit to which the applicant was assigned, the 4th Auxiliary Surgical Group, was awarded occupational credit for the occupation of Germany for the period from 2 May to 4 July 1945.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record, and the applicant has provided none, to show that she was a POW during World War II.  Therefore, there is an insufficient basis upon which to correct her records to show that she was a POW during World War II and to award her the POW Medal.


2.  The applicant's WD AGO Form 53-98 shows that she was awarded the EAME Campaign Medal.  However, she participated in five campaigns:  Normandy, Northern France, Rhineland, Ardennes, and Central Europe.  She is therefore, entitled to award of one silver service star to be affixed to her already-awarded EAME Campaign Medal.

3.  The evidence of record shows that the applicant's unit of assignment served a period of qualifying service for award of the Army of Occupation Medal, with Germany Clasp.  She is therefore entitled to correction of her records to show this award. 

4.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__J ____  ___DT___  ___J ____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 for correction of the records of the individual concerned to correct her WD AGO Form 53-98 to show that she was a POW or to show the POW Medal.





2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of 
the European-African-Middle Eastern Campaign Medal, with one silver service star; and the Army of Occupation Medal, with Germany Clasp, and adding these awards to her WD AGO Form 53-98.




______John N. Sloane______
          CHAIRPERSON




INDEX

CASE ID
AR20070005642
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071018
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19460418
DISCHARGE AUTHORITY
AR 605-116
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.