IN THE CASE OF:	  

		BOARD DATE:	  24 February 2011

		DOCKET NUMBER:  AR20100018571 


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 - Honorable Discharge) to show he was a prisoner of war (POW).  He also requests award of the Purple Heart.

2.  He states he was a POW during World War II (WWII).

3.  He provides a copy of his WD AGO Form 53-55 and WD AGO Form 100 (Separation Qualification Record).

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.  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 to conduct a fair and impartial review of this case.

3.  The reconstructed records show he was inducted into the Army of the United States on 29 October 1942 and entered active duty on 12 November 1942.  He was trained in and awarded military occupational specialty 745 (Rifleman).  

4.  He departed the continental United States on 20 August 1944 and arrived in the European theater of operations on 26 August 1944.  He was assigned to Company B, 27th Armored Infantry Battalion, 9th Armored Division.

5.  On 24 January 1945, The Adjutant General sent a casualty telegram to the applicant's mother notifying her that the applicant was reported in a missing in action (MIA) status since 26 December 1944.  

6.  On 26 January 1945, in a letter, The Adjutant General confirmed his recent telegram to the applicant's mother informing her that the applicant was reported in an MIA status in Belgium since 26 December 1944.

7.  On 9 February 1945, The Adjutant General sent a letter to the applicant's mother correcting the applicant's MIA date to 22 December 1944.

8.  On 12 May 1945, The Adjutant General sent a casualty telegram to the applicant's mother notifying her that the applicant was returned to military control. 

9.  A Battle Casualty Report, dated 22 May 1945, shows he was returned to military control effective 13 April 1945.

10.  Item 13 (Title - Description - Related Civilian Occupation) of his WD AGO Form 100 states that he was a POW in Germany for 6 months and he was liberated by the Second Armored Division.

11.  On 10 November 1945, he was honorably discharged.  His WD AGO Form 53-55 shows the following entries:

   a.  Item 31 (Military Qualifications and Date (i.e., infantry, aviation, and marksmanship badges, etc.)) shows the Combat Infantryman Badge.

   b.  Item 32 (Battles and Campaigns) shows he received campaign credit for the Ardennes and Rhineland campaigns.
   c.  Item 33 (Decorations and Citations) shows he was awarded the Army Good Conduct Medal, European-African-Middle Eastern Theater Ribbon with two bronze service stars, WWII Victory Medal, and the American Theater Ribbon.

	d.  Item 34 (Wounds Received in Action) shows "None."  

   e.  Item 36 (Service Outside the Continental U.S. and Return) shows he arrived in the European Theater of Operations on 26 August 1944 and he returned to the U.S. on 15 May 1945.  

12.  Army Regulation 635-5 (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 that for a Soldier with POW documentation, enter "PRISONER OF WAR, (UNIT OF ASSIGNMENT/
COUNTRY) (DATE OF CAPTURE AND RELEASE DATE)."

13.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  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.

	b.  The Bronze Star Medal is awarded 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.

	c.  The Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.  For those who became POW's during WWII, the Korean War, and before and after 25 April 1962, the Purple Heart will be awarded to individuals wounded while prisoners of foreign forces upon submission by the individual to the Department of the U.S. Army of an affidavit that is supported by a statement from a witness, if this is possible.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he was reported in an MIA status on
22 December 1944 in Belgium.  He was liberated and returned to military control on 13 April 1945.  Therefore, he is entitled to award of the POW Medal and correction of his WD AGO Form 53-55 to show this award.

2.  The evidence of record shows he was awarded the Combat Infantryman Badge.  He is therefore entitled to award of the Bronze Star Medal based on award of this Combat Infantryman Badge and correction of his records to show this award.

3.  The Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather an individual is entitled to it upon meeting specific criteria.  When contemplating an award of this decoration, the key issue that must be taken into consideration is the degree to which the enemy caused the injury.  The fact that a proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but it is not the sole justification for the award.

4.  In this case, there are no general orders that show he was awarded the Purple Heart and there is no evidence in his reconstructed records that show he was wounded or injured as a result of hostile action or treated for such wounds.  Although it is reasonable to presume he may have been beaten by his captors and was possibly injured during captivity; regrettably, absent evidence which conclusively shows he sustained wounds or injuries as a result of hostile action, and that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is insufficient basis for awarding the Purple Heart in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 Bronze Star Medal based upon award of the Combat Infantryman Badge; 

	b.  adding to item 33 of his WD AGO Form 53-55 the Bronze Star Medal and the Prisoner of War Medal; and

	c.  adding to item 38 (Remarks) of his WD AGO Form 53-55 the entry "PRISONER OF WAR: COMPANY B, 27TH ARMORED INFANTRY BATTALION, 9TH ARMORED DIVISION, BELGIUM, 22 DECEMBER 1944 TO 13 APRIL 1945."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart.



      _______ _  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)                                         AR20100018571



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ABCMR Record of Proceedings (cont)                                         AR20100018571



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