IN THE CASE OF:	  

	BOARD DATE:	  19 June 2008

	DOCKET NUMBER:  AR20080001794 


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 correction of his discharge document to show his prisoner of war (POW) status from 16 November 1944 to 24 November 1944.  He also requests issuance of the Combat Infantryman Badge (CIB) and the Presidential Unit Citation (PUC).  

2.  The applicant states that he was a POW in France from 16 November 1944 to 24 November 1944.  He states he was in combat as evidenced by his award of the Purple Heart; however, he never received a CIB or PUC.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation); two National Archives (NA) Forms 13045 (Informal Information Reply); and two Morning Reports.

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 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.  

3.  The applicant was inducted into the Army of the United States (AUS) on 8 March 1943 and entered active service on 15 March 1943.  He arrived in the European Theater of Operations on 20 October 1944.  

4.  B Company, 399th Infantry Regiment Morning Report, dated 19 November 1944, shows the applicant and four other Soldiers were missing in action (MIA) on 16 November 1944 near Baccarat, France.  This Morning Report shows the applicant’s military occupational specialty (MOS) as 653 (squad leader).  

5.  A Western Union Telegram, dated 6 January 1945, informed the applicant’s wife that he returned to duty on 24 November [1944].

6.  A portion of the history of Company B, 399th Infantry Regiment of the 
100th Division indicates the applicant, along with other Soldiers, was captured on 16 November 1944 during the battle for Hill 538 in France.  

7.  B Company, 399th Infantry Regiment Morning Report, dated 9 January 1945, shows the applicant was repatriated by the 79th Infantry Division at Strasbourg, France on an unknown date.  

8.  The applicant's name is not listed on the World War II POW Data File.

9.  An undated article indicates the applicant’s parents received a letter from him stating he had escaped captivity [date not indicated] and was all right.

10.  Item 31 (Military Qualification and Date) on his WD AGO Form 53-55 does not show he was awarded the CIB.  

11.  Item 32 (Battles and Campaigns) on his WD AGO Form 53-55 shows he received credit for participation in the Rhineland Campaign.  

12.  The applicant was discharged on 6 December 1945.  His WD AGO Form 
53-55 does not show a POW status in item 55 (Remarks).  
13.  His WD AGO Form 53-55 shows the American Service Medal, the Distinguished Unit Badge, the European-African-Middle Eastern Service Medal, the Good Conduct Medal, the Purple Heart, and the World War II Victory Medal as authorized awards.

14.  The applicant’s Final Payment - Work Sheet does not show he received combat infantry pay.  

15.  A document (Problem Case), dated 26 November 1986, indicates that it appears the applicant was a POW from 16 November 1944 to 24 November 1944.  It was recommended that the applicant be granted POW verification for this period.  The supervisor signed the document and recommended approval on 1 December 1986.

16.  A National Archives and Records Administration (NARA) Form 13018, dated 5 November 1986, states “Unable to verify actual P.O.W. dates.  If were on file probably destroyed in July 12, 1973 fire at this Center.  Alternate records do show P.O.W claim $9.00.  Refer to Fiscal claim dated 1-28-52.”

17.  Army Regulation 600-8-22 (Military Awards) 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.

18.  War Department Circular 269-1943 established the CIB and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The CIB was awarded for exemplary conduct in action against the enemy.  War Department Circular 186-1944 further provided that the CIB was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.  The Awards Branch, U.S Army Human Resources Command (USAHRC) has advised in similar cases that, during World War II, the CIB was normally 
awarded only to enlisted individuals who served in the following positions:

    a.  Light machine gunner (604)
    b.  Heavy machine gunner (605)
    c.  Platoon sergeant (651)
    d.  Squad leader (653)
    e.  Rifleman (745)
    f.  Automatic rifleman (746)
    g.  Heavy weapons NCO (812)
    h.  Gun crewman (864)

19.  Army Regulation 600-8-22 prescribes Army policy and procedures concerning individual military awards.  In pertinent part, it states that the CIB was established during World War II to provide special recognition of the unique role of the Army infantryman, the only Soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain.  The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen.  In developing the CIB, the War Department did not dismiss or ignore the contributions of other branches.  Their vital contributions to the overall war effort were noted, but it was decided that other awards and decorations were sufficient to recognize their contributions.  From the beginning, Army leadership has taken care to retain the badge for the unique purpose for which it was established.  There are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.

20.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the CIB or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

21.  Army Regulation 600-8-22 authorizes 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 campaign or service medal including the European-African-Middle Eastern Campaign Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The Morning Reports of the 399th Infantry Regiment and the records at the World War II POW Data File do not reveal that the applicant was a POW.  However, there is sufficient evidence which verifies the applicant was a POW from 16 November 1944 to 24 November 1944.  Therefore, as an exception to policy, item 55 on his WD AGO Form 53-55 should be amended to add the entry “POW FROM 16 NOV 1944 TO 24 NOV 1944.”

2.  Based on the correction in paragraph 1, above, the applicant is eligible for award of the POW Medal.  

3.  The applicant's Final Payment Worksheet does not show he received combat infantry pay.  However, B Company, 399th Infantry Regiment Morning Report, dated 19 November 1944, shows he served as a squad leader in MOS 653 while assigned to his infantry unit in the European Theater of Operations.  It appears the applicant has met the requirements for award of the CIB.  

4.  The applicant’s request for issuance of award of the PUC is noted.  The PUC was formerly known as the Distinguished Unit Citation until 3 November 1966. The Distinguished Unit Citation (Badge) is currently reflected on the applicant’s WD AGO Form 53-55.  The Army Review Boards Agency, St. Louis, Missouri will take the appropriate action to have the PUC issued to the applicant.  

5.  The applicant received credit for participation in one campaign in the European-African-Middle Eastern Theater of Operations.  Therefore, his WD AGO Form 53-55 should be amended to show one bronze service star for wear on his European-African-Middle Eastern Campaign Medal.

BOARD VOTE:

xx_____  xx______  xx______    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 55 on his WD AGO Form 53-55 to show the entry “POW FROM 16 NOV 1944 TO 24 NOV 1944”; 

	b.  adding the POW Medal, the CIB, and one bronze service star for wear 

on his already-awarded European-African-Middle Eastern Campaign Medal to his WD AGO Form 53-55; and 

	c.  issuing the PUC.




      Xxxxxxx     _______   ___
       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.



ABCMR Record of Proceedings (cont)                                         AR20080001794





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ABCMR Record of Proceedings (cont)                                         AR20080001794



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