IN THE CASE OF:
BOARD DATE:
DOCKET NUMBER: AR20080001019
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show his status as a former POW (Prisoner of War) and that he be awarded the POW Medal.
2. The applicant states, in effect, that at the time of his honorable discharge, he was told that a 90 day minimum was required to have a POW Medal listed on his discharge document.
3. The applicant provides no additional documentation in support of his 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants 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 he was inducted in the Army of the United States and entered active duty on 12 May 1944. He served in the European Theater of Operations (ETO) from 25 November 1944 to 4 June 1945. He was released from active duty on 1 May 1946.
3. The applicants WD AGO Form 53-55 shows that he was credited with participation in two campaigns of World War II. He was awarded the World War II Victory Medal; the American Campaign Medal; the European-African-Middle Eastern (EAME) Campaign Medal, with two bronze service stars; one Overseas Service Bar; the Good Conduct Medal; the Bronze Star Medal; the Combat Medical Badge; and the Meritorious Unit Award. His WD AGO 53-55 does not show any additional awards.
4. There is no evidence in the available records that show the applicant was held 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. 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.
DISCUSSION AND CONCLUSIONS:
There is no evidence of record and the applicant has provided none, to show he was a POW during the period 25 November 1944 to 4 June 1945, while serving in the ETO, during World War II. Therefore, there is an insufficient basis upon which to correct his records to show he was a POW or to award the applicant the POW Medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ___x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
_ ___x____ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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