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ARMY | BCMR | CY2010 | 20100021044
Original file (20100021044.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	    14 June 2011

		DOCKET NUMBER:  AR20100021044 


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 daughter of a deceased former service member (FSM), requests correction of the FSM's military records to show his prisoner of war (POW) status.

2.  She states:

* the FSM's POW status wasn't discovered until he was placed in a nursing home
* the FSM "always thought that he was a POW and never challenged the thought that he wasn't" [sic]

3.  She provides:

* death certificate
* Enlisted Record
* Honorable Discharge Certificate
* letter from the National Personnel Records Center (NRPC)
* letter addressed to the NRPC
* three letters from former fellow Soldiers
* scanned photograph
* Internet information on the invasion of Northwest Africa
* general power of attorney
* certified abstract of birth
* Department of Veterans Affairs Form 21-4703 (Fiduciary Agreement)
* marriage license

CONSIDERATION OF EVIDENCE:

1.  The FSM's complete 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.  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's Enlisted Record shows:

* he was inducted into the Army of the United States on 3 October 1941 and was discharged on 6 October 1941
* he enlisted in the Regular Army on 7 October 1941 for 3 years
* he departed the United States on 31 May 1942 and arrived in the European theater of operations (ETO) on 11 June 1942
* he departed the ETO on 14 October 1942 and arrived in the African-Middle Eastern theater of operations on 8 November 1942
* he participated in the invasion of Oran, Algeria, North Africa, on 8 November 1942
* he participated in the Tunisia campaign from 12 January to 25 April 1943
* he was wounded in Tunisia on 15 February 1943
* he departed the African-Middle Eastern theater of operations on 3 June 1944 and arrived in the United States on 14 June 1944
* he was awarded European-African-Middle Eastern Campaign Medal with two bronze service stars, Army Good Conduct Medal, and Purple Heart

3.  The FSM was honorably discharged on 14 October 1944.  His Enlisted Record doesn't indicate he was a POW during World War II.

4.  The FSM submitted a letter to the U.S. Army Reserve Personnel Center [currently known as the U.S. Army Human Resources Command], St. Louis, MO, dated 31 January 1989, in which he stated he was a member of:

* 3rd Battalion, 6th Armored Infantry, when they invaded North Africa as part of Operation Torch
* Headquarters, Company G and was captured by the French and held prisoner from 8 to 12 November 1942

5.  The applicant provided three letters from former fellow Soldiers who attest that the FSM was captured and held prisoner from 8 to 12 November 1942 during the invasion of North Africa.

6.  A search of the National Archives and Records Administration archival databases failed to reveal evidence that the FSM was a POW during World War II.

DISCUSSION AND CONCLUSIONS:

1.  The evidence submitted by the applicant is insufficient as a basis to correct the FSM's records to show he was a POW.

2.  The National Archives and Records Administration archival databases and the FSM's Enlisted Record fail to show he was a POW during World War II.

3.  The letters from former fellow Soldiers are acknowledged.  Although they indicate the FSM was captured and held as a POW from 8 to 12 November 1942 during the invasion of North Africa, these documents alone are not sufficient to grant the relief requested.

4.  Regrettably, there is insufficient evidence on which to base correction of the FSM's records to show his POW status.

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 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 this action in no way diminishes the sacrifices made by the FSM in service to our Nation.  The 



applicant and all Americans should be justifiably proud of the FSM'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)                                         AR20100021044



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ABCMR Record of Proceedings (cont)                                         AR20100021044



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