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ARMY | BCMR | CY2010 | 20100024111
Original file (20100024111.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  3 May 2011

		DOCKET NUMBER:  AR20100024111 


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 WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the Purple Heart (PH), Prisoner of War (POW) Medal, Honorable Service Lapel Button, and the World War II Victory Medal.  The applicant also requests the issuance of the FSM's PH and POW Medal.

2.  The applicant states the FSM was never awarded the PH and POW Medal.

3.  The applicant provides copies of the FSM's WD AGO Form 53-55, Death Certificate, letters from the Department of Veterans Affairs, medical records pertaining to the FSM, Certification of Military Service, military pay record, and the applicant's Birth Certificate.

CONSIDERATION OF EVIDENCE:

1.  The FSM's 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's records were lost or destroyed in that fire.  However, there are sufficient documents available for the Board to conduct a fair and impartial review of this case.

2.  The FSM's WD AGO Form 53-55 shows the FSM:

	a.  was inducted into the Army of the United States on 19 February 1942;

	b.  was an infantry Soldier;

	c.  was assigned to Headquarters, 141st Infantry Regiment;

	d.  participated in four campaigns: Naples-Foggia, Rome-Arno, Rhineland, and Southern France;

	e.  was awarded the European-African- Middle Eastern Service Medal with four bronze service stars, and he was issued the World War II Lapel Button;
	
	f.  was wounded in action, in France, on 11 November 1944;

	g.  departed the United States on 1 April 1943 for duty in Europe;
	
	h.  departed Europe on 22 May 1945 and returned to the United States; 

	i.  was honorably discharged on 11 September 1945; and

	j.  was issued the Lapel Button [noted as such in item 55 (Remarks)].

3.  The archival databases of the National Archives and Records Administration contain a file of World War II POW's that shows the FSM was detained as a POW at Stalag 7A in Moosburg, Bavaria, located in Germany.  He was subsequently returned to military control.

4.  Army Regulation 600-8-22 (Military Awards):

	a.  states the POW 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 POW 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:

		(1)  while engaged in an action against an enemy of the United States.

		(2)  while engaged in military operations involving conflict with an opposing foreign force.

		(3)  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. 

		(4) 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.

	b.  provides for award of the American Campaign Medal.  This 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, 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 one year.

	c.  states the “arrowhead” will be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  Individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The unit must be credited with a combat assault in order for the Soldier to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The arrowhead is authorized for wear on the European-African-Middle Eastern Campaign Medal.  Only one arrowhead will be worn on any ribbon.

	d.  provides for the wear of a bronze service star on the European-African-Middle Eastern Campaign Medal for participation in each campaign and a bronze arrowhead for participation in an assault landing.

	e.  provides for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

5.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing discharge documents.  It directs that, in the case of POWs, the unit of assignment, country, and dates of capture and release will be entered in item 55 of the WD AGO Form 53-55.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving during World War II.  This publication shows that the 141st Infantry Regiment, during the time of the FSM's assignment received assault landing credit for Salerno (9-10 September 1943) and for Southern France (15-16 August 1944).

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of the FSM's WD AGO Form 53-55 to show award of the POW Medal, Honorable Service Lapel Button, and the World War II Victory Medal.  She further requests that the PH and the POW Medal be issued.

2.  The available evidence indicates the FSM was detained by Germany as a POW.  Therefore, the FSM should be awarded the POW Medal and his 
WD AGO Form 53-55 should be corrected to show this medal.  Additionally, the FSM's unit of assignment, country, and dates of capture and release will be entered in item 55 of the WD AGO Form 53-55.  This medal should be issued to the applicant.

3.  The applicant contends that the FSM never received the Purple Heart.  Therefore, it would be appropriate to issue this medal to the applicant.

4.  The available evidence indicates the FSM participated in two assault landings.  Therefore his WD AGO Form 53-55 should be corrected to show two bronze arrowheads, only one of which may be worn on the European-African-Middle Eastern Campaign Medal.  His WD AGO Form 53-55 should be corrected to show these awards.

5.  The FSM also served during a qualifying period for award of the American Campaign Medal and the World War II Victory Medal.  Therefore, these two awards should be added to his WD AGO Form 53-55.

6.  The FSM's WD AGO Form 53-55 shows in item 55 he was issued the "Lapel Button."  This entry should be corrected to show "Honorable Service Lapel Button."

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:

	a.  deleting from item 33 of the FSM's WD AGO Form 53-55 the European-African-Middle Eastern Service Medal with four bronze service stars;

	b.  adding the following awards to the list of awards in item 33 of the FSM's 
WD AGO Form 53-55:

* European-African-Middle Eastern Campaign Medal with four bronze service stars and two bronze arrowheads
* American Campaign Medal
* World War II Victory Medal
* POW Medal

	c.  deleting from item 55 of the FSM's WD AGO Form 53-55 the "Lapel Button issued" and adding "Honorable Service Lapel Button issued";

	d.  adding to item 55 of the FSM's WD AGO Form 53-55: Prisoner of War, 141st Infantry Regiment, captured in France, capture and release dates unknown; and

	e.  issuing all awards to the applicant.




      _______ _   _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)                                         AR20100024111



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ABCMR Record of Proceedings (cont)                                         AR20100024111



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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