IN THE CASE OF:
BOARD DATE: 11 January 2011
DOCKET NUMBER: AR20100017370
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 the military records of her deceased husband, a former service member (FSM), be corrected to show he was a prisoner of war and awarded the Prisoner of War Medal.
2. The applicant states the FSM was a prisoner of war in stalag 9 for approximately 4 months.
3. The applicant provides copies of:
* the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge)
* the FSM's Certificate of Death from the State of California
* the applicant and FSM's Certificate of Marriage
* two durable powers of attorney signed by the FSM
CONSIDERATION OF EVIDENCE:
1. 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 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.
2. The FSM enlisted in the Regular Army on 2 October 1942. He arrived in France on 8 December 1944 and he departed France on 14 April 1945.
3. The FSM participated in the Rhineland and Central Europe Campaigns.
4. The FSM was separated on 30 October 1945.
5. The available records contain a Department of Veterans Affairs (VA) Request for Information. This request contains a note, "Records indicate Veteran was POW from <<01/10/1945>> to <<04/02/1945 >> at <<Unk>>." The records referred to in this note were not available for review.
6. The National Archives Repatriated World War II Prisoner Data File does not list the FSM as having been captured by the enemy.
7. Army Regulation 600-8-22 states the Prisoner of War Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive after 5 April 1917. The Prisoner of War Medal is to be issued only to those U.S. military personnel and other personnel granted creditable U.S. military service who were taken prisoner and held captive:
* while engaged in an action against an enemy of the United States
* while engaged in military operations involving conflict with an opposing foreign force
* while serving with friendly forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party
* by foreign armed forces that are hostile to the United States, under circumstances which the Secretary concerned finds to have been comparable to those under which persons have generally been held captive by enemy armed forces during periods of armed conflict
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the military records of her deceased husband should be corrected to show he was a prisoner of war and awarded the Prisoner of War Medal.
2. The annotation on the VA's request for information concerning the FSM's status as a POW is not supported by the evidence available for review. The records referred to in the note are not a part of the request submitted by the applicant.
3. The National Archives Repatriated World War II Prisoner Data File does not list the FSM as a prisoner of war.
4. Regrettably, in view of the above there is insufficient basis to award the Prisoner of War Medal in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant's husband in service to our Nation. The applicant and all Americans should be justifiably proud of her husband's service in arms.
_______ _ __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) AR20100017370
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