IN THE CASE OF:	  

		BOARD DATE:	  6 January 2009

		DOCKET NUMBER:  AR20080009295 


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, that his record be corrected to show his Prisoner of War (POW) status.  He further requests to be awarded the Purple Heart (PH) based on having been a POW.

2.  The applicant states, in effect, that he resigned his commission on 
23 December 1952.  He also states that in 1973 all of his military records were lost in a fire at the National Personnel Records Center (NPRC), St. Louis, Missouri, and in 1979, he requested that his military records be reconstructed to show he was a POW.  He indicates that he believed that his records had been restored; however, last year when he attempted to get Florida POW license plates, he was informed that there was no available information confirming his POW status.  

3.  The applicant provides the following documents in support of his application:   a DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States); two Western Union Telegrams; an Office of The Adjutant General (OTAG) letter, dated 19 January 1945; a Kriegie [slang for POW] Roster; a Stalag IV-B Mulbert POW Release Roster; a Kriegsgefangenenpost Postkarte (Post Card); Newspaper Articles; his General Discharge Certificate; and a Support Division, Review Board Agency, St. Louis, Missouri letter, dated 15 May 2008.

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 NPRC in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire. This case is being considered using reconstructed records, which primarily consist of the applicant's Military Record and Report of Separation Certificate of Service (WD AGO Form 53-98), Separation Qualification Record (WD AGO Form 100), National Archives and Records Administration (NARA) World War II POW Data File, and the documents provided by the applicant.  

3.  The applicant's WD AGO Form 100 shows he initially served in the Army of the United States (AUS) in an enlisted status during the period between April 1943 and July 1944, and that the highest grade he obtained while serving that status was corporal (CPL)/E-4.

4.  The applicant's WD AGO Form 53-98 shows he was commissioned a second lieutenant (2LT) in the AUS and entered active duty in that status on 25 July 1944.  It also shows he served in military occupational specialty (MOS) 1542 as an infantry unit commander in the 423rd Infantry Regiment, 106th Infantry Division.  It further shows he served in the European Theater of Operations (ETO) from 22 October 1944 to 2 April 1945, and that he participated in the Ardennes and Rhineland campaigns of World War II.  

5.  Item 29 (Decorations and Citations) shows he earned the Combat Infantryman Badge, American Campaign Service Medal, European-African-Middle Eastern Service Medal, and the World War II Victory Medal.  

6.  The NARA World War II POW Data File shows that on 21 December 1944, the applicant was reported as a POW while he was assigned to the 423rd Infantry Regiment in Germany and that he was captured by German forces.  It further shows the he was liberated and returned to military control.  No date is identified for his return to military control.  

7.  On 30 December 1945, the applicant was honorably separated, in the rank of first lieutenant (1LT) after completing a total of 11 months and 2 days of active military service.  

8.  A Request for Service Data (GSA Form 6917), dated 30 April 1979, shows the NPRC General Counsel confirmed that the applicant was a POW for 57 days; however, the dates of capture and release were not available.

9.  The applicant provides an OTAG letter, dated 19 January 1945, and a Western Union Telegram which was sent to his family informing them that he had been missing in action in Germany since 21 December 1944.  He also provides  a Western Union Telegram, POW roster, and news articles that show he was released and returned to military control; however, these documents do not specify a date of release.  

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8j (1), contains guidance on award of the PH.  It states the Purple Heart for meritorious achievement or service, as opposed to wounds received in action, is was only authorized to members for the period 7 December 1941 through 
22 September 1943.  Paragraph 2-8j (2) further states that the PH may be awarded to members who became POWs who were wounded in action.  There are no special provisions authorizing award of the PH for achievement or service based on being a POW.  The regulation states that any member who believes that he or she is eligible for the PH through unusual circumstances in which no award was made may submit an application to the United States Army Human Resources Command (HRC), ATTN:  AHRC-PDO-PA, 200 Stovall Street, Alexandria, VA  22332-0471.

11.  Paragraph 2-9 of the awards regulation contains guidance on award of the POW Medal.  It states, in pertinent part, that the POW medal is authorized only to those U.S. military personnel and other personnel granted creditable U.S. military service, who were taken prisoner and held captive while engaged in military operations involving conflict with an opposing foreign force; or while serving with friendly forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent and held captive after 5 April 1917.

12.  Paragraph 3-14(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 states that for this purpose, an award of the CIB is considered as a citation in orders.  

13.  Paragraph 5-13 of the awards regulation contains guidance on the European-African-Middle Eastern Campaign Medal.  It states, in pertinent part, that a bronze service star is authorized for each campaign a member is credited with participating in while in the ETO.

14.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  It confirms that during his tenure of assignment, the applicant’s unit (423rd Regiment, 106th Infantry Division) was credited with participating in the Ardennes-Alsace, Northern France, and Rhineland campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was a POW and that his records should be corrected to reflect his POW status was carefully considered and found to have merit.  The evidence of record confirms that while assigned to the 423rd Infantry Regiment, the applicant was captured by German forces on 21 December 1944.  It also shows that he was held as a POW until approximately 15 February 1945, which is 57 days, as confirmed by the NARA World War II POW Data File and GSA Form 6917 in the NPRC file.  Therefore, it would be appropriate to correct his records and separation document to reflect his POW status and to show he is authorized the POW Medal.  

2  The evidence also confirms that based on the applicant's receipt of the CIB, he is authorized to receive the BSM, for his exemplary conduct in ground combat against an armed enemy while serving in the ETO from 22 October 1944 to
2 April 1945.  It further shows he is authorized 3 bronze service stars for wear on his European-African-Middle Eastern Campaign Medal.  Therefore, it would also be appropriate to add these awards to his record at this time.  

3.  The applicant is advised that by regulation members who were wounded or injured in a POW status are now eligible to be awarded the PH; however, there are no special regulatory provisions that provide for award of the PH for achievement service based solely on being a POW.  Therefore, absent any evidence confirming the applicant was wounded or injured while in a POW status, or that he was ever recommended for the PH for meritorious service or achievement based on unusual circumstances, there is an insufficient evidentiary basis to grant this portion of the requested relief.  If the applicant believes he should be awarded the PH based on unusual circumstances, he should submit a request for the PH with all supporting documentation to the United States Army Human Resources Command, ATTN:  AHRC-PDO-PA, 200 Stovall Street, Alexandria, VA  22332-0471.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

	a.  awarding him the Prisoner of War Medal for being held captive by hostile forces while in Germany during the period 21 December 1944 through
15 February 1945 and adding this award to his WD AGO Form 53-98;

b.  awarding him the Bronze Star Medal based on award of the Combat 
Infantryman Badge, and adding this award to his WD AGO Form 53-98;

   c.  deleting the European-African-Middle Eastern Service Medal from his WD AGO Form 53-98 and adding the European-African-Middle Eastern Campaign Medal with 3 bronze service medals to his WD AGO Form 53-98; 

   d.  adding the entry "PRISONER OF WAR – 423RD INFANTRY - GERMANY - CAPTURED 21 DECEMBER 1944 - RELEASED 15 FEBRUARY 1945" to Item 43 (Remarks) of his WD AGO Form 53-98; 
   
   e.  adding the Northern France campaign to item 28 (Battles and Campaigns) of his WD AGO Form 53-98; and
   
   f.  providing him a correction to his separation document that includes these changes.  

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart.



      _________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.

ABCMR Record of Proceedings (cont)                                         AR20080009295



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ABCMR Record of Proceedings (cont)                                         AR20080009295



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