IN THE CASE OF:	  

		BOARD DATE:	 25 May 2010

		DOCKET NUMBER:  AR20090019950 


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 WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show he was a prisoner of war (POW) from 16 April to 26 April 1945.

2.  The applicant states his POW status is not listed on his discharge document and he is trying to obtain veterans benefits. 

3.  The applicant provides two Western Union telegrams that were certified by an official at the Arizona Department of Veterans Services and a copy of his 
WD AGO Form 53-55.

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 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 applicant’s 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's WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active service on 11 May 1944 at Fort Leavenworth, KS.  This form also shows at the time of separation he held military occupational specialty (MOS) 673 (Medical Noncommissioned Officer) and he was assigned to the Medical Department, 253d Infantry Regiment, Fort Lewis, WA.

4.  The applicant's WD AGO Form 53-55 shows he departed the Continental United States (CONUS) on 25 November 1944 and he arrived in the European-African-Middle Eastern (EAME) Theater of Operations on 8 December 1944.  He departed the EAME theater of Operations on 30 May 1945 and he arrived back in CONUS on 13 June 1945.  He completed 6 months and 23 days of foreign service.  He was honorably discharged on 26 July 1946 for convenience of the government.

5.  Item 31 (Military Qualifications and Date) of the applicant’s WD AGO Form 53-55 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar and the Combat Medical Badge.

6.  Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55 shows he participated in the Rhineland and Central Europe campaigns during World War II (WWII).

7.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows he was awarded the Bronze Star Medal, EAME Campaign Medal, American Campaign Medal, World War II Victory Medal, and the Army Good Conduct Medal. 

8.  The applicant's reconstructed records contain two Western Union telegrams.  The telegram dated 3 May 1945 advised the applicant's father the applicant had been missing in action since 16 April 1945.  A second Western Union telegram, dated 24 May 1945, informed the applicant's father the applicant was returned to military control on 26 April 1945.



9.  The National Archives, WWII POW Data File shows the applicant was in a POW status in the European Theater (Germany) from 16 April to 23 October 1945.   

10.  Review of the applicant's records indicates his entitlement to additional awards which are not listed on his WD AGO Form 53-55.

11.  Army Regulation 635-5 (Separations Document) establishes the standardized policy for preparing and distributing discharge documents.  It directs that, in the case of POW's, the unit of assignment, country, and dates of capture and release will be entered in the “Remarks” section of the discharge document.

12.  Army Regulation 600-8-22 (Military Awards) provides for award of the POW Medal.  The regulation states that the POW Medal was authorized on 8 November 1985 and it is awarded to individuals who in past armed conflicts were taken prisoner or held captive.

13.  Army Regulation 600-8-22 provides for award of the Bronze Star Medal to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.  It also provides for the wear of one bronze service star on the appropriate campaign or service medal for each credited campaign.

14.  Army Regulation 600-8-22 authorizes award of the EAME Campaign Medal for qualifying service in the EAME Theater of Operations for the period 7 December 1941 to 8 November 1945.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55.  This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the EAME Campaign Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his records should be corrected to show his POW status was carefully considered and is supported by the evidence.

2.  The evidence of record shows the applicant was initially reported in a POW status on 16 April 1945 as shown in the Western Union Telegram, dated 3 May 1945.  A Western Union Telegram, dated 24 May 1945 shows the applicant was released from captivity on 26 April 1945.  The National Archives, WWII POW Data File show the applicant was in a POW status from 16 April to 23 October 1945.  Despite the lack of conclusive evidence of the date of his release from captivity, it appears 26 April 1945 may be an appropriate approximate date of his return to military control.  Therefore, the applicant is entitled to award of the POW Medal and correction of his DD Form 214 to show his POW status.

3.  The evidence of record shows the applicant was awarded the Combat Medical Badge.  Therefore, he is entitled to the second award of the Bronze Star Medal based on award of this Combat Medical Badge and correction of his 
DD Form 214 to show this award.

4.  The evidence shows he participated in the Rhineland and Central Europe campaigns during WWII. Therefore, he is entitled to award of two bronze service stars for wear on his previously awarded EAME Campaign Medal.

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 him the POW Medal for time held captive as a prisoner of war;

b. awarding him the Bronze Star Medal (2d award) based on award of the Combat Medical Badge; 

c.  deleting the EAME Campaign Medal from his WD AGO Form 53-55;



	d.  adding to item 55 (Remarks) the entry "Prisoner of War: Medical Department, 253rd Infantry Regiment, Germany, 16 April 1945 to 26 April 1945; and  

e.  adding the following to item 33 his WD AGO Form 53-55:

* Prisoner of War Medal
* Bronze Star Medal (2d award)
* EAME Campaign Medal with two bronze service stars



      _______ _   _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)                                         AR20090019950



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ABCMR Record of Proceedings (cont)                                         AR20090019950



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