RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 February 2008
      DOCKET NUMBER:  AR20070012331


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Ms. Carmen Duncan                 |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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, that the Bronze Star Medal (BSM) and
Prisoner of War (POW) Medal be added to his separation document
(WD AGO 53-55)

2.  The applicant states, in effect, his separation document does not
include the BSM or his POW status.

3.  The applicant provides no additional documentary evidence in support of
his application.

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 are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center (NPRC) 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 WD AGO Form 53-55 and documents related to his POW status
and the awards in question on file at the NPRC.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army
of the United States on 27 October 1942 and entered active duty on 9
November 1942.  It also shows he served in the European Theater of
Operations (ETO) from 17 December 1943 through 1 May 1945, and that he
participated in the Normandy, Northern France, Rhineland, and Central
Europe campaigns of World War II.
4.  Item 31 (Military Qualifications) of the applicant's separation
document shows he was awarded the Combat Infantryman Badge (CIB) on 24 July
1944.  Item 33 (Decorations and Citations) shows that he earned the
following awards:  Silver Star (SS); Army Good Conduct Medal (AGCM); Purple
Heart (PH); and European-African-Middle Eastern (EAME) Campaign Medal.

5.  On 1 October 1945, the applicant was honorably separated, in the rank
of technical sergeant (T/SGT) after completing a total of 2 years, 10
months, and
23 days of active military service.

6.  The applicant's NPRC file contains a Veterans Administration (VA)
letter, dated 27 June 1988, which confirms that VA records confirmed the
applicant was a POW.  It also contains a DD Form 2510 (POW Medal
Application/Information), dated 27 June 1988, completed by the applicant
that indicates he was a POW from November 1944 through April 1945.

7.  On 3 October 1988, a POW Medal Work Sheet (DARP Form 3583) was
completed on the applicant, and on 24 October 1988, a DA Form 1577
(Authorization for Issuance of Awards) was issued by the Army Reserve
Personnel Center (ARPERSCEN), St. Louis, Missouri, which authorized the
issue of the POW Medal to the applicant.

8.  On 15 April 1993, ARPERSCEN issued a DA Form 1577 that authorized the
issue of the BSM medal to the applicant based on his having earned the CIB
during World War II.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-9 contains
guidance on award of the POW Medal.  It states, in pertinent part, that it
is authorized to members who were taken prisoner and held captive after 5
April 1917.

10.  Paragraph 3-13d(2) of the awards regulation 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 CIB is considered as a citation in
orders.

11.  Paragraph 5-13 of the awards regulation contains guidance on the EAME
Campaign Medal.  It states, in pertinent part, that a bronze service star
is authorized with this award for each campaign a member was credited with
participating in while serving in the ETO.
12.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It
establishes standardized policy for preparing and distributing separation
documents.  The separation document preparation instructions provide, in
pertinent part, for entering information for which a separate block is not
available in the "Remarks" portion of the separation document.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the BSM and POW Medal should be added
to the list of awards contained on his separation document was carefully
considered and found to have merit.

2.  The evidence confirms the applicant was a POW from November 1944
through April 1945, and that he was issued a POW Medal in 1988.  Therefore,
it would be appropriate to add the POW Medal to the list contained in Item
33 and to add the entry "Prisoner of War (POW) November 1944-April 1945" to
Item 55 (Remarks) of the applicant's WD AGO Form 53-55.

3.  The evidence of record also confirms that based on his having earned
the CIB during World War II, the applicant is entitled to the BSM, for his
exemplary conduct in ground combat against an armed enemy while serving in
the ETO from 17 December 1943 through 1 May 1945, and that this award was
issued to him in 1993.  Therefore, it would be appropriate to add the BSM
to the list of awards contained in Item 33 of his WD AGO Form 53-55.

4.  The evidence also shows that based on his participating in four
campaigns while serving in the ETO, he is entitled to 4 bronze service
stars with his EAME Campaign Medal.  As a result, his separation document
should be corrected to show this entitlement.

BOARD VOTE:

___JTM _  __CD ___  __RMN _  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.  amending Item 33 of his WD AGO Form 53-55 by adding the Bronze
Star Medal and Prisoner of War Medal;

      b.  amending Item 33 of the WD AGO Form 53-55 by deleting the portion
of the entry pertaining to the European African Middle Eastern Theater
Campaign Medal and replacing it with the entry "European-African-Middle
Eastern Campaign Medal with 4 bronze service stars;”

      c.  amending Item 55 of the WD AGO Form 53-55 by adding the entry
"Prisoner of War (POW) November 1944-April 1945;” and

      d.  providing him a correction to the separation document that
includes these changes.




                                  ______John T. Meixell_____
                                             CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070012337                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2008/02/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/10/01                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Demobilization                          |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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