IN THE CASE OF:	 

		BOARD DATE:	  14 January 2010

		DOCKET NUMBER:  AR20090014292 


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 discharge paper to show he was a Prisoner of War (POW).

2.  The applicant states that he was a POW during his service in World War II (WWII) for 105 days but it is not recorded.  During this time, he was a first sergeant (1SG) in the 422nd Infantry and he was captured while conducting a motorized patrol near Halenfeld in Germany on 19 December 1944.  He was held in Stalag 9B in Bad Orb for a period of 105 days.  He was liberated by members of the 8th Division and he was shipped back to the United States.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), dated 18 July 1945; a copy of orders awarding him the Combat Infantryman Badge; a copy of a citation for award of the Bronze Star Medal; a copy of an internet printout of the history of the 106th Infantry Division; a copy of a letter, dated 29 October 2008, from the National Personnel Records Center; and an internet printout of the story of the 106th Infantry Division in support of his request.

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 records show he enlisted in the Regular Army (RA) and entered active duty at Fort McClellan, AL, on 20 June 1940.  He was trained in and held an infantry specialty.  He was promoted and appointed to 1SG on
2 March 1943, assigned to the 422nd Infantry Regiment, 106th Infantry Division.

3.  The applicant's records show he departed the continental United States (CONUS) on 21 October 1944 and he arrived in the European Theater of Operations (ETO) on 30 October 1944.  He departed the ETO on 14 April 1945 and he arrived back in CONUS on 28 April 1945.  He completed 4 years,
6 months, and 22 days of continental service and 6 months and 7 days of foreign service.  He was honorably discharged on 18 July 1945 at Fort McPherson, GA.

4.  Item 31 (Military Qualifications and Date (i.e. infantry, aviation, and marksmanship badges, etc.)) of the applicant's WD AGO Form 53-55 shows he was awarded the Expert Infantryman Badge.

5.  Item 32 (Battles and Campaigns) of the applicant’s WD AGO Form 53-55 shows he participated in the Rhineland and the Ardennes campaigns during WWII.

6.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows he was awarded the European-African-Middle Eastern Campaign Medal with two bronze service stars, American Defense Service Ribbon, Army Good Conduct Medal, and the Purple Heart.

7.  The applicant's records contain the following documents:

	a.  WD AGO Form 0365 (Battle Casualty Report) that shows he was reported in an "MIA (Missing in Action)" status on 16 December 1944.

	b.  AG Form 704.1 (Casualty Message Telegram), dated 12 January 1945, addressed to his spouse informing her that he had been reported in an MIA status as of 16 December 1944. 

	c.  A copy of a letter, dated 13 January 1945, from The Adjutant General to the applicant's spouse notifying her that his whereabouts were unknown and that he was reported as MIA.

	d.  WD AGO Form 0365, that shows his status changed to POW.

	e.  AG Form 704.1, dated 10 March 1945, informing his spouse that he was a POW in Germany.

	f.  WG AG Form 0365, dated 30 March 1945, that shows he was liberated and returned to military control on 30 March 1945.

	g.  WG AGO Form 0365, dated 13 April 1945, that shows he was evacuated back to the United States.

8.  Subsequent to his discharge on 18 July 1945, the applicant served in various capacities as an enlisted member of the U.S. Army Reserve (USAR), as well as a commissioned officer in the Army National Guard and USAR, during which he completed a period of active service and attained the rank of major.

9.  On 14 June 1946, the applicant was awarded the Bronze Star Medal with "V" Device for displaying gallantry in action against the enemy on “19” December 1944 near Halenfeld, Germany, when he voluntarily joined a quickly organized motorized patrol that was to precede a motor column.  Encountering heavy enemy artillery and small arms fire and overwhelming forces of infantry, he proceeded, without regard for his own safety, to determine fully the extent of the hostile strength.  By his personal courage and perseverance, the applicant did much to expose an enemy ambush before it could attack the column behind the patrol.

10.  The applicant's records show he was issued a DD Form 214 (Report of Separation from the Armed Forces of the United States) for active service performed from 5 September 1950 to 17 October 1953.

11.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his last DD Form 214 shows he was awarded the Army of Occupation Medal with Germany Clasp and the National Defense Service Medal.


12.  On 27 September 1950, by Order of the Secretary of the Army, the applicant was issued an endorsement authorizing him the following awards: the Bronze Star Medal with "V" Device, Purple Heart, Army Good Conduct Medal, American 
Defense Service Medal, American Campaign Medal, European-African-Middle Eastern Campaign Medal, World War II Victory Medal, Expert Infantryman Badge, and the Combat Infantryman Badge.  He was also authorized a retroactive award of the Bronze Star Medal based on having been awarded the Combat Infantryman Badge.

13.  Item 21 (Awards and Decorations) of his DA Form 66 (Officer Qualification Record) shows he was awarded the Purple Heart, Good Conduct Medal, American Defense Service Ribbon, American Campaign Medal, European-African-Middle Eastern Campaign Medal, World War II Victory Medal, Expert Infantryman Badge, Combat Infantryman Badge (2nd Award), Bronze Star Medal (1st Oak Leaf Cluster), Army of Occupation Medal with Germany Clasp, National Defense Service Medal, and one overseas service bar.

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the POW Medal.  The POW Medal 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.  

15.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states, in pertinent part, that:

   a.  awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records; and

   b.  for a Soldier with Prisoner of War documentation, enter "PRISONER OF WAR, (unit of assignment/country) (date of capture and release date)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his POW status.


2.  The evidence of record shows the applicant was captured by enemy forces in Germany and held in POW status on 16 December 1944.  He was subsequently 
liberated and returned to military control on 30 March 1945.  Therefore, he is entitled to award of the POW Medal and correction of his DD Form 214 to show this award and his POW status.

3.  The evidence of record shows the applicant was awarded several awards during his service in WWII which are neither listed on his WD AGO Form 53-55 or his final DD Form 214.  He was issued an endorsement by The Adjutant General authorizing him various awards, decorations, and badges.  Additionally, those awards are also listed on his DA Form 66.  Since he was issued a DD Form 214 at a later date, it is appropriate to list all of his authorized awards, decorations, and badges on the last DD Form 214 he was issued, for the period ending 17 October 1953.

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.  adding to item 27 of the applicant's DD Form 214 for the period ending 
17 October 1953 the Purple Heart, Bronze Star Medal (1st Oak Leaf Cluster) and "V" Device, Army Good Conduct Medal, American Defense Service Ribbon, American Campaign Medal, European-African-Middle Eastern Campaign Medal with two bronze service stars, World War II Victory Medal, Expert Infantryman Badge, Combat Infantryman Badge (2nd Award), Prisoner of War Medal, and one overseas service bar; and


	b.  adding to item 38 (Remarks) of his DD Form 214 for the period ending 
17 October 1953, the entry "PRISONER OF WAR: Headquarters Company, 
422 Infantry, Germany, 16 December 1944 to 30 March 1945."



      __________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)                                         AR20090014292



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ABCMR Record of Proceedings (cont)                                         AR20090014292



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