IN THE CASE OF:	

		BOARD DATE:	  25 February 2010

		DOCKET NUMBER:  AR20090011847 


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 the records of her deceased husband, a former member (FSM) be corrected to show award of the Prisoner of War (POW) Medal.

2.  The applicant states the FSM was captured at the Battle of the Bulge during World War II (WWII).  The Government issued the FSM a Veterans Affairs (VA) patient card with all his information listed on it to include the letters "POW."  Additionally, she states the FSM's Army serial number was branded on his left shoulder by the Germans.

3.  The applicant provides the FSM's Certificate of Death, Marriage License,
WD AGO Form 53-98 (Military Record and Report of Separation Certificate of Service), VA documents, and the letter and attachments the applicant submitted to her Congressional Representative.

CONSIDERATION OF EVIDENCE:

1.  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 the FSM's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.



2.  The reconstructed records show he entered active duty on
2 November 1943 and he was honorably discharged on 6 January 1946.  He was separated in the rank of first lieutenant and his branch was infantry. 

3.  Item 28 (Battles and Campaigns) of the FSM's WD AGO Form 53-98 shows the FSM participated in the Northern France, Rhineland, and Ardennes campaigns.  Item 29 (Decorations and Citations) shows he was awarded the Purple Heart, Combat Infantryman Badge, American Theater Ribbon, and the European-African-Middle Eastern Theater Ribbon.  Item 32 (Service Outside Continental U.S. and Return) shows he served in England from 26 August 1944 to 15 June 1945.  

4.  The applicant provided the documents she submitted to her Congressional Representative soliciting assistance in obtaining POW recognition for the FSM.  These documents included:  a letter, dated 8 September 1998, from the VA addressed "Ex-POW Veteran."  This letter invited the FSM to attend the POW/Missing in Action (MIA) Recognition Day Ceremony; a letter from the Veterans Association, dated 5 March 1999, which indicated the National Secretary found information showing the FSM was a member of H-317 and a POW; a roster of American Ex-POW Membership from the Greater Lehigh Valley Pennsylvania Chapter; and a certificate of membership that lists the FSM's name.  Additionally, she provided a statement from the FSM describing the circumstances that led to his capture on 16 December 1944 and his subsequent escape on 8 March 1945.  

5.  The applicant's marriage license shows that she and the FSM were married on 17 April 1982.  The death certificate shows the FSM expired on 6 October 2007.

6.  There is no documentation in the reconstructed records that shows the FSM was a POW.

7.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 2-9 contains guidance on award of the POW Medal.  This paragraph states that the POW Medal was authorized on 8 November 1985 and is authorized for any person who, while serving in any capacity with the U.S. Armed Forces, was taken prisoner and held captive after 5 April 1917, while engaged in an action against an enemy of the United States.  This document also states that personnel officially classified as MIA are not eligible for award of the POW Medal.  The POW Medal will only be awarded when the individual's POW status has been officially confirmed and recognized as such by the Department of the Army.

8.  Review of the FSM's WD AGO Form 53-98 indicates he is entitled to additional awards that are not shown on this form.  The FSM's WD AGO Form 53-98 does not list award of the World War II Victory Medal nor the Bronze Star Medal.  

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between
7 December 1941 and 31 December 1946, both dates inclusive.

10.  This same regulation provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

DISCUSSION AND CONCLUSIONS:

1.  The letter from the VA, the 80th Division Veterans Association letter, and the American Ex-POW Certificate and roster recognized the FSM as a POW.  These documents are accepted as sufficient evidence to substantiate the applicant's claim that the FSM was a POW.  Therefore, in the interest of justice it would be appropriate to correct the FSM’s WD AGO Form 53-98 to show award of the POW Medal.  

2.  The available evidence shows the FSM served during a period that qualifies him for award of the World War II Victory Medal.  He is also authorized award of the Bronze Star Medal based on award of the Combat Infantryman Badge.  Therefore, the FSM's WD AGO Form 53-98 should be corrected to show these awards.









BOARD VOTE:

____X___  _____X__  ___X____  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 by:
 
   a.  awarding the FSM the Bronze Star Medal based upon award of the Combat Infantryman Badge; and
   
   b.  adding to Item 29 of the FSM's WD AGO Form 53-98 the POW Medal, the World War II Victory Medal, and the Bronze Star Medal.




      _______ _   _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)                                         AR20090011847



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090011847



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1