IN THE CASE OF:	  

		BOARD DATE:	       17 September 2008 

		DOCKET NUMBER:  AR20080005553 


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 his records to show award of the Prisoner of War Medal and that he be issued the ribbon.

2.  The applicant states, that he was a prisoner of war from 21 December 
1944 through 22 April 1945.  He was not aware of the award until he filed a disability compensation claim from the Department of Veterans Affairs (VA).

3.  The applicant provides a WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) for the period ending 29 November 1945; a VA Rating Decision, dated 21 September 2005; and a WD AGO Form 0365 (Battle Casualty Report), dated 25 May 1945.

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, this case is being considered using reconstructed records, which primarily consist of his WD AGO Form 53-55, a WD AGO Form 0365, and a National Archives and Records Administration (NARA) World War II Prisoners of War (POW) Data File.

3.  The applicant's WD AGO Form 53-55 for the period ending 29 November 1945 shows he was inducted into the Army of the United States on 12 March 1943 and entered active service on 19 March 1943.  On 17 October 1944, he departed the United States for duty in the European Theater of Operations.  He arrived in the European Theater of Operations on 24 October 1944.

4.  The NARA World War II Prisoners of War Data File shows that on 21 December 1944, the applicant was reported as a POW while he was assigned to the 423rd Infantry in Germany and that he was captured by German forces.

5.  A WD AGO Form 0365, dated 25 May 1945, shows that the applicant was liberated and returned to military control on 22 April 1945.

6.  The applicant departed the European Theater of Operations on 5 June 1945.  He was honorably discharged on 29 November 1945.

7.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows he was awarded the Army Good Conduct Medal, the European-African-Middle Eastern Campaign Medal, the American Theater Campaign Medal, and the World War II Victory Medal.  Item 32 (Battles and Campaigns) shows the applicant participated in the Rhineland, Ardennes, and Central Europe campaigns.

8.  Army Regulation 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.

9.  Army Regulation 635-5 (Separations Document) establishes the standardized policy for preparing and distributing discharge documents.  In pertinent part, it directs that, in the case of prisoners of war, the unit of assignment, country, and dates of capture and release will be entered in the "Remarks" section of the discharge document.


10.  Army Regulation 600-8-22, in pertinent part, authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO 
Form 53-55.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was a prisoner of war and his records should be corrected to show award of the Prisoner of War Medal.  

2.  The WD AGO Form 0365 and NARA World War II Prisoners of War Data File show that the applicant was captured by German forces and became a POW while assigned to the 423rd Infantry in German.  He was held captive for the period 21 December 1944 through 22 April 1945.  Therefore, he met the eligibility criteria for award of the Prisoner of War Medal.  This award should be added to his WD AGO Form 53-55.

3.  The applicant was credited with participation in three campaigns, meeting the eligibility criteria for wear of three bronze service stars on his European-African-Middle Eastern Campaign Medal.  This award should be added to his WD AGO Form 53-55.

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:

		a.  by amending the applicant's WD AGO Form 53-55 in item 33 to add Prisoner of War Medal and three bronze service stars to be worn on his already-awarded European-African-Middle Eastern Campaign; and

		b.  by amending the applicants WD AGO Form 53-55 in item 55 to add "PRISONER OF WAR – 423RD INFANTRY - GERMANY - CAPTURED 
21 DECEMBER 1944 - RELEASED 22 APRIL 1945."





      _______ _xxxx______   ___
               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)                                         AR20080005553





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ABCMR Record of Proceedings (cont)                                         AR20080005553



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