IN THE CASE OF:	  

		BOARD DATE:	  24 March 2011

		DOCKET NUMBER:  AR20100020056 


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) from 28 May 1944 to 29 April 1945
* awarded the POW Medal
* awarded the Purple Heart

2.  He states, in effect, he is entitled to the above corrections based on his service in the European Theater of Operations (ETO) (Germany) during World War II (WWII).  He also states he was wounded while being captured.

3.  He provides:

* his WD AGO Form 53-55
* a letter from the American Ex-POWs, National Headquarters, Arlington, TX
* an extract from the WWII POW list
* a German POW form
* a WD AGO Form 0712 (Notice and Record of Award of Decoration)






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.  His military record is not available 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 available to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records which primarily consist of the applicant's WD AGO Form 53-55 and other documents provided by the National Personnel Records Center (NPRC).

3.  His WD AGO Form 53-55 contains the following pertinent information:

* he enlisted in the Army of the United States on 27 November 1942
* his military occupational specialty was 748 (Flight Maintenance Gunner)
* his unit of assignment was the 390th Bomb Group
* he served in the ETO from 14 February 1944 until his departure enroute to the continental U.S. (CONUS) on 7 June 1945
* he held the rank/grade of technical sergeant at the time of separation
* he was honorably discharged on 16 October 1945 after completing a total of 3 years and 20 days of active military service
* he served a total of 1 year, 8 months, and 10 days in CONUS
* he served a total of 1 year, 4 months, and 10 days outside CONUS

4.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Air Offensive, Europe campaign of World War II.

5.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he was awarded or authorized the European-African-Middle Eastern (EAME) Campaign Medal with 1 bronze service star, Good Conduct Medal, Air Medal with 3 oak leaf clusters, and 2 Overseas Service Bars.

6.  His record contains and he also provides a WD AGO Form 0712 dated 26 October 1945 which shows he was awarded the Purple Heart for wounds received in action on 28 May 1944 in the European Area.  The authority for this award was WD AGO Letter Orders, dated 26 October 1945.  This form indicates he was assigned to the 570th Bomb Squadron, 390th Bomb Group.

7.  His record contains a DA Form 1577 (Authorization for Issuance of Awards), issued by the NPRC on 15 September 2001, which shows he was authorized issuance of the POW Medal.  Attached to this form is a National Archives and Records Administration (NARA) Military Personnel Record Finding Aid Report, dated 18 August 1994, which shows he was a POW from 28 May 1944 to 29 April 1945.

8.  His name appears on the WWII POW Data File maintained by NARA for the period 7 December 1941 through 19 November 1946.

9.  He provides a letter from the Chairman of the Membership Committee of the American Ex-POWs, National Headquarters, Arlington, TX, dated 29 April 2000.  The Chairman provides an extract from a list of WWII era U.S. Army POWs maintained by the U.S. Army Adjutant General's Office, Strength Accounting Branch of the U.S. Army Total Personnel Command [currently known as Human Resources Command].  This extract shows he was captured on 28 May 1944 and was returned to U.S. military control on 29 April 1945.  Attached to this document is a form completed in the German language which contains his personal data, two photographs of him, and his fingerprint.  This form indicates he was captured on 28 May 1944.

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

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

	b.  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.

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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his WD AGO Form 53-55 should be corrected to show he was a POW from 28 May 1944 to 29 April 1945 and that he was awarded of the POW Medal and Purple Heart were carefully considered and determined to have merit.

2.  Evidence clearly shows he became a POW in Germany on 28 May 1944 and he remained a POW until he was returned to U.S. military control on 29 April 1945.  Therefore, he is entitled to have his time spent in a POW status reflected in the Remarks section of his WD AGO 53-55.  It appears he was already issued the POW Medal, and it should be added to his WD AGO 53-55.

3.  Evidence clearly shows he was wounded while being taken captive in Germany on 28 May 1944.  Letter orders show he was awarded the Purple Heart on 26 October 1945; therefore, he is entitled to have it added to his WD AGO 
53-55.

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

BOARD VOTE:

___X_____  ___X_____  __X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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.  adding the Purple Heart, POW Medal, World War II Victory Medal, and American Campaign Medal to item 33 of his WD AGO Form 53-55; and

	b.  adding to the Remarks section of his WD AGO Form 53-55 the entry "PRISONER OF WAR: 390th Bomb Group, Germany, 28 May 1944 to 29 April 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)                                         AR20100020056



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ABCMR Record of Proceedings (cont)                                         AR20100020056



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