IN THE CASE OF:	  

		BOARD DATE:	        18 FEBRUARY 2009

		DOCKET NUMBER:  AR20080012082 


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, the widow of a deceased former service member (FSM), in effect requests that the spouse be awarded the Prisoner of War (POW) Medal based on the FSM's status as a POW during World War II. 

2.  The applicant essentially states that the FSM's military records do not show that he was a POW, but that documents from the National Archives and Records Administration (NARA) show that he was in fact a POW during World War II.

3.  The applicant provides Privacy Act release forms from her and her grandson, a letter, dated 8 July 2008, from her grandson to a Member of Congress, a letter, dated 24 February 2006, from her grandson to an Archives Technician at the National Personnel Records Center, a transcribed copy of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge), information from the NARA World War II POW Data File which shows that the FSM was a POW, an undated newspaper article which stated that the FSM was a POW, copies of three photographs, and information from the NARA World 
War II POW Data File for POWs with the last names of Spencer, Brinkley, Carter, Patterson, and Owens in support of this application.

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 majority of the FSM’s military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the majority of the FSM's records were lost or destroyed in that fire.  However, there are sufficient remaining documents available to conduct a fair and impartial review of this case.

3.  The available records show that the FSM was inducted into the Army of the United States on 14 August 1943.  He departed the continental United States on 22 February 1944 for the European-African-Middle Eastern Theater of Operations.  He departed the European-African-Middle Eastern Theater of Operations on 3 June 1945, and returned to the continental United States on 
12 June 1945.  He was honorably discharged on 17 October 1945 and issued a Certificate of Disability for Discharge Certificate.  His WD AGO Form 53-55 essentially shows that he was awarded the Purple Heart, the Good Conduct Medal, and the European-African-Middle Eastern Campaign Medal with One Bronze Service Star.

4.  The FSM's WD AGO Form 53-55 does not show that he was awarded the POW Medal, which was not created and authorized until 8 November 1985.  However, information from the NARA World War II POW Data File clearly shows that the FSM was a POW during World War II. 

5.  In a letter, dated 8 July 2008, the applicant's grandson essentially informed a Member of Congress that the FSM was captured on 1 July 1944, and was held as a prisoner until 23 July 1945.

6.  During a review of the applicant’s records, it was determined that the FSM is entitled to an additional award that is not shown on his WD AGO Form 53-55.

7.  The FSM served on active duty from 14 August 1943 to 17 October 1945, but his WD AGO Form 53-55 does not show that he was awarded the World War II Victory Medal.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the POW Medal was authorized on 8 November 1985 and is awarded to individuals who, while serving in any capacity with the U.S. Armed Forces, were taken prisoner and held captive after 5 April 1917.

9.  Army Regulation 600-8-22 also provides, in pertinent part, that the World 
War II Victory Medal is awarded for service between 7 December 1941 and 
31 December 1946, both dates inclusive.

10.  Paragraph 5-1 of Army Regulation 600-8-22 states that orders are not published for service medals, but they are annotated on records by the personnel officer. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant, the widow of a deceased FSM, contends that her spouse should be awarded the POW Medal based on the FSM's status as a POW during World War II. 

2.  The applicant's grandson's contention that the FSM was held as a POW from 1 July 1944 to 23 July 1945 was noted.  However, the information from the NARA World War II POW Data File shows that the latest report date was completed on 23 July 1945, and should not be construed to imply that he was in a POW status until that date.  Additionally, as the FSM's WD AGO Form 53-55 clearly shows that he departed the European-African-Middle Eastern Theater of Operations on 3 June 1945, he clearly was not in a POW status until 23 July 1945.  Notwithstanding the above, the information from the NARA World War II POW Data File clearly establishes that the FSM was in fact a POW during World 
War II.  Therefore, it would be appropriate at this time to award him the POW Medal, and correct his military records to show the award of the POW Medal.

3.  The FSM served on active duty during a qualifying period of service for award of the World War II Victory Medal, but it is not listed on his WD AGO Form 53-55. Therefore, he is entitled to correction of his military records to show the award of the World War II Victory Medal.

BOARD VOTE:

___X_____  ___X_____  __X______  GRANT FULL RELIEF 

________  ________  ________  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 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 POW Medal for being held as a POW during World 
War II while serving as a private, and issuing the POW Medal to the applicant; and

	b.  showing the award of the World War II Victory Medal.

2.  The Board wants the applicant and all others to know that the sacrifices made by her late husband in service to the United States during World War II are deeply appreciated.  The applicant and all Americans should be justifiably proud of his honorable service in arms.




      _______ XXX_   _______   ___
               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)                                         AR20080012082



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080012082



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1