IN THE CASE OF:	

		BOARD DATE:	  5 November 2009

		DOCKET NUMBER:  AR20090007480 


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 he be awarded the Prisoner of War (POW) Medal.

2.  The applicant essentially states he was held as a prisoner of war for approximately 3 1/2 months in Germany, but he never received the POW Medal.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) 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 applicant's military records, including an official copy of the applicant's WD AGO 53-55, 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 applicant's records were lost or destroyed in that fire.  However, there is sufficient information available through alternate sources to conduct a fair and impartial review of this case.

3.  The applicant's reconstructed WD AGO Form 53-55 essentially shows that he was inducted into the Army of the United States on 4 November 1942, and he entered active duty on 14 November 1942.  His military occupational specialty (MOS) at the time of his release from active duty was 2736 (Medium Tank Gunner).  He departed the continental United States (CONUS) on 7 June 1944 for the European-African-Middle Eastern Theater of Operations (EAMETO) and he participated in the Northern France and Rhineland campaigns during World War II.  He was wounded in action on 23 December 1944 while serving with the 17th Tank Battalion in Belgium.  He departed the EAMETO on 6 May 1945 and he returned to CONUS on 7 May 1945.  He was honorably discharged on 24 September 1945 with a Certificate of Disability Discharge.  This document also shows that he was awarded the European-African-Middle Eastern Campaign Medal with two bronze service stars, Army Good Conduct Medal, and the Purple Heart.

4.  The applicant'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 National Archives and Records Administration (NARA) World War II POW Data File shows that the applicant was a World War II POW from 23 December 1944 until on or about 22 April 1945, when he was reported through sources considered official as having been returned to military control, liberated, or repatriated.

5.  During a review of the applicant's WD AGO Form 53-55, it was determined that he is entitled to additional awards that are not shown on that document.

6.  The applicant served on active duty from 14 November 1942 to 24 September 1945, but his WD AGO Form 53-55 does not show that he was awarded the World War II Victory Medal.

7.  The applicant served in CONUS from 14 November 1942 to 6 June 1944 and again from 8 May 1945 to 24 September 1945, but his WD AGO Form 53-55 does not show that he was awarded the American Campaign Medal.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, occupation credit, and unit citations awarded during World War II.  Although the applicant's entire assignment history is not known, he was assigned to the 17th Tank Battalion when he was wounded in action on 23 December 1944.  This document shows that at the time of the applicant's assignment to the 17th Tank Battalion on 23 December 1944, the unit was cited for award of the Distinguished Unit Citation by Department of the Army General Orders (DAGO) Number 48, dated 1948, and the French Fourragere by DAGO Number 43, dated 1950.  The Distinguished Unit Citation was subsequently renamed the Presidential Unit Citation.

9.  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.

10.  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.

11.  Army Regulation 600-8-22 further provides, in pertinent part, for award of the American Campaign Medal.  Originally issued as the American Theater Ribbon, the American Campaign Medal is awarded for qualifying service in the American theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American theater of operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside CONUS as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within CONUS for an aggregate period of 1 year.

12.  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.

13.  Army Regulation 600-8-22 (Military Awards) provides for award of the French Fourragere as an approved foreign unit award.  The French Fourragere may be awarded by the French Government when a unit has been cited twice for award of the French Croix de Guerre.  When a unit is cited twice for the Croix de Guerre, then the colors of the fourragere are red and green.  When a unit is cited four times, the colors of the fourragere are yellow and green.  Award of the fourragere is not automatic and requires a decree by the French Government, and persons who were only in one action are not authorized to wear the fourragere.  When a unit was cited only one time for award of the French Croix de Guerre there was no individual device, medal or ribbon authorized for wear by members of the unit.

14.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the POW Medal.

2.  Evidence of record shows that the applicant was held as a POW during World War II; therefore, it would be appropriate at this time to award him the POW Medal and correct his records to show this award.

3.  The applicant served on active duty during a qualifying period for award of the World War II Victory Medal.  Therefore, he is entitled to correction of his records to show this award.

4.  The applicant served in CONUS for more than one aggregate year during a qualifying period for award of the American Campaign Medal.  Therefore, he is entitled to correction of his records to show this award.

5.  General orders awarded the Distinguished Unit Citation [renamed the Presidential Unit Citation] and the French Fourragere to the 17th Tank Battalion while the applicant was assigned to this unit.  Therefore, he is entitled to correction of his records to show these unit awards.

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  awarding him the Prisoner of War Medal, the World War II Victory Medal, American Campaign Medal, Presidential Unit Citation, and the French Fourragere and adding them to his records.

2.  The Board wants the applicant and all others to know that the sacrifices he made 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.



      __________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)                                         AR20090007480



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ABCMR Record of Proceedings (cont)                                         AR20090007480



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