IN THE CASE OF:	

		BOARD DATE:	  22 July 2010

		DOCKET NUMBER:  AR20100007777 


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 Separations) to show his prisoner of war (POW) status and his unit of assignment as the 110th Infantry instead of the 116th Infantry.

2.  The applicant states that he believes the entry regarding the unit of assignment was a typographical error.  He adds that he was not only in a POW status, but he was also considered missing in action (MIA) until he was located in a prison camp held by the Russians during World War II (WWII). 

3.  The applicant provides the following documents:

* A copy of his WD AGO Form 53-55
* A copy of a Durable Power of Attorney
* A copy of a hand-written note
* Copies of various Western Union Telegrams

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 are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed that his 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 on 8 September 1942 and he entered active service in Milwaukee, WI, on 22 September 1942.  This form also shows that at the time of separation, he held military occupational specialty 861 (Surgical Technician) and he was assigned to the Medical Detachment, 116th Infantry. 

4.  His WD AGO Form 53-55 also shows he departed the Continental United States (CONUS) on 8 October 1943 and he arrived in the European Theater of Operations (ETO) on 18 October 1943.  He arrived back in CONUS on 21 June 1945.

5.  He completed 1 year, 3 months, and 6 days of CONUS service and 1 year, 8 months, and 14 days of foreign service.  He was honorably discharged on 11 September 1945.

6.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in four campaigns during WWII; Normandy, Northern France, Rhineland, and Ardennes campaigns.

7.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows the Purple Heart with two oak leaf clusters, the European-African-Middle Eastern Campaign Medal, and three overseas service bars. 

8.  The applicant's reconstructed records contain the following documents:

	a.  A copy of a hand-written letter, dated 18 January 1945, from the Adjutant General to the applicant's parents informing them that he (the applicant) was reported in an MIA status in France on 20 December 1944.

	b.  A Western Union Telegram, dated 20 August 1944, informing his next of kin (NOK) that he was seriously wounded in action in France on 31 July 1944. 
	c.  A Western Union Telegram, dated 18 January 1945, informing his NOK that he was reported in an MIA status in Luxembourg as of 20 December 1944. 

	d.  A Western Union Telegram, dated 30 March 1945, informing his NOK that a report was received through the International Red Cross showing the applicant was a POW of the German Government. 

	e.  An undated Western Union Telegram from the applicant to his NOK telling them he missed them and inquired about their health. 

	f.  A Western Union Telegram, dated 31 May 1945, informing his NOK that he had returned to military control.  However, there is no indication of the exact date of return to military control.

	g.  A Western Union Telegram, dated 21 June 1945, informing his NOK that he would be returning to CONUS in the near future.

9.  The applicant's name is listed on the National Archives, WWII POW Data File for the period 7 December 1941 to 19 November 1946 as having been imprisoned at Stalag 2A, Neubrandenburg Mecklenburg 53-13 and that he was returned to military control, liberated or repatriated.  The file lists the date of his POW status as 20 December 1944 and his parent unit as the "110th." 

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

11.  Army Regulation 635-5 (Separations Documents) establishes the standardized policy for preparing and distributing discharge documents.  In pertinent part, it directs that, for a Soldier with POW documentation, enter "PRISONER OF WAR, (unit of assignment/country) (date of capture and release date)" in the Remarks section.

12.  Review of the applicant's records indicate he is entitled to additional awards which are not listed on his WD AGO Form 53-55.

13.  Army Regulation 600-8-22 provides for the following awards: 

	a.  The European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern Theater between 7 December 1941 and 8 November 1945.  A bronze service star is authorized for each campaign listed in Appendix B of this regulation or listed in item 32 of the member's WD AGO Form 53-55. 

	b.  The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

	c.  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 the continental United States 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 the continental United States for an aggregate period of 1 year.

14.  Technical Manual 12-235, Discharge Procedures and Preparation of Separation Forms, in effect at the time, provides in paragraph 24, that item 6 of the WD AGO Form 53-55 be completed as follows:  "Enter the last unit, or similar element to which he was assigned, rather than the element of which he was a part while moving to a separation activity.  Assignments to units for purpose of transfer from a theater to the United States are considered part of the movement to a separation activity."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his POW status and his correct unit of assignment.

2.  The available evidence shows the applicant was captured by enemy forces in Germany and held in a POW status on 20 December 1944.  Despite the lack of conclusive evidence of his release date from captivity, it appears that 30 May 1945 may be an appropriate date as an approximate date of his return to military control.  Therefore, it would be appropriate to award him the POW Medal, correct his WD AGO Form 53-55 to show his POW status and the POW medal.

3.  The applicant's name is listed on the National Archives, WWII POW Data File as having been imprisoned at Stalag 2A, Germany.  The Data File lists his parent unit number as the "110th."  This is accepted as sufficient evidence to corroborate his claim that he was assigned to this unit.  Therefore, his WD AGO Form 53-55 should be corrected to show his organization as the 110th Division.

4.  The available evidence shows the applicant served a qualifying period for award of the World War II Victory Medal and American Campaign Medal and he is entitled to correction of his WD AGO Form 53-55 to show both awards.  

5.  The available evidence shows the applicant was awarded the European-African-Middle Eastern Campaign Medal.  Furthermore, the evidence shows he participated in four campaigns during WWII.  Therefore, he is entitled to award of four bronze service stars to be affixed to his already-awarded European-African-Middle Eastern 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  deleting from the applicant's WD AGO Form 53-55 the entry "Medical Detachment 116th Infantry" and adding "110th Infantry"; 

	b.  adding to his WD AGO Form 53-55 the POW Medal, American Campaign Medal, World War II Victory Medal, and four bronze service stars to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal; and

	c.  adding to the Remarks section of his WD AGO Form 53-55 the entry "PRISONER OF WAR: 110th Infantry, Germany, 20 December 1944 to 29 May 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)                                         AR20100007777



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)