BOARD DATE: 23 December 2010
DOCKET NUMBER: AR20100015055
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, the son of a former service member (FSM), requests that the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show he was a prisoner of war (POW) during World War II (WWII).
2. The applicant states the FSMs POW status is not listed on any of his discharge documents.
3. The applicant provides a copy of the FSMs Certificate of Death.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The FSMs 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 FSM 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 FSMs WD AGO Form 53-55 shows he was inducted into the Army of the United States on 12 November 1943 and entered active service on 3 December 1943. This form also shows at the time of separation, he held military occupational specialty 745 (Rifleman) and he was assigned to Company G, 423rd Infantry Regiment.
4. The FSMs WD AGO Form 53-55 shows he departed the Continental United States (CONUS) on 17 October 1944 and he arrived in the European-African-Middle Eastern (EAME) Theater of Operations on 24 October 1944. He departed the EAME Theater of Operations on 8 May 1945 and he arrived back in CONUS on 9 May 1945.
5. Item 32 (Battles and Campaigns) of the FSMs WD AGO Form 53-55 shows he participated in the Ardennes, Rhineland, and Central Europe campaigns during WWII.
6. Item 33 (Decorations and Citations) of the FSMs WD AGO Form 53-55 shows he was awarded the American Theater Campaign Medal, the EAME Campaign Medal with 3 bronze service stars, the World War II Victory Medal, and the Army Good Conduct Medal. Item 55 (Remarks) is void of an entry showing the FSM's POW status.
7. The National Archives, WWII POW Data File shows the FSM was in a POW status in the European Theater (Germany) from 21 December 1944 to 8 May 1945.
8. A review of the FSMs records indicates his entitlement to additional awards which are not listed on his WD AGO Form 53-55.
9. Army Regulation 600-8-22 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.
10. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the FSM's records should be corrected to show his POW status was carefully considered and is supported by the available evidence.
2. The National Archives, WWII POW Data File shows the FSM was in a POW status from 21 December 1944 to 8 May 1945. Therefore, the FSM is entitled to posthumous award of the POW Medal and correction of his WD AGO Form 53-55 to show his POW status.
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 amending his WD AGO Form 53-55 by awarding him the POW Medal and adding this award to item 33, and adding the entry "Prisoner of War: 423rd Infantry Regiment, Germany, 21 December 1944 to 8 May 1945" to item 55.
_______ _ 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) AR20100015055
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ABCMR Record of Proceedings (cont) AR20100015055
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