IN THE CASE OF:
BOARD DATE: 15 January 2009
DOCKET NUMBER: AR20080009836
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 records to show his Prisoner of War (POW) status and, in effect, award of the POW Medal.
2. The applicant states that he has never formally received POW status even though it was indicated on his identification card and several hospital records. He states the Army and the Department of Veterans Affairs (VA) have lost most of his records and they cannot find them.
3. The applicant provides a copy of a handwritten note to his congressman; his Honorable Discharge Certificate; a VA Request for Outpatient Services Form, dated 25 January 1994; and a partial Automated VA Form 10-10 (Application for Health Benefits), dated 7 July 1994.
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 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 applicants 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 on 17 May 1943 and entered active duty on 24 May 1943. He arrived in the European theater of operations on 1 October 1944 and departed on 9 March 1946.
4. The applicant was discharged on 24 March 1946. His WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) shows he was awarded the World War II Victory Medal, the American Theater Campaign Medal, the European-African-Middle Eastern Campaign Medal with two bronze service stars, the Army Good Conduct Medal, and three Overseas Service Bars.
5. The U.S. National Archives and Records Administration database contains records of American Prisoners of War during World War II documenting the period 7 December 1941 through 19 November 1946. This database does not show the applicant was a POW during World War II.
6. The applicant provided a VA Request for Outpatient Services, dated 25 January 1994. Under item 13 of this document, the entry "YES" was entered indicating the applicant was a POW.
7. The applicant also provided an Application for Health Benefits from the VA. Part V (Eligibility Status Data) of this document shows the entry "YES" indicating his POW status during World War II.
8. Department of the Army Technical Manual 12-235 (Discharge Procedures and Preparation of Separation Forms) established the policies and procedures for completion and distribution of the WD AGO Form 53-55 during World War II. This technical manual did not provide guidance for POW status to be reflected on the WD AGO Form 53-55.
9. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contended that he has never formally received POW status even though it was indicated on his identification card and several hospital records. However, there are no service military documents which indicate the applicant was a POW during World War II.
2. In the absence of evidence of record showing the applicant was a POW, the VA documentation was not sufficient as a basis for correction of his records to show POW status or for award of 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.
ABCMR Record of Proceedings (cont) AR20080009836
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ABCMR Record of Proceedings (cont) AR20080009836
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