IN THE CASE OF:	  .

		BOARD DATE:	  13 April 2011

		DOCKET NUMBER:  AR20100025445 


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 that his period as a prisoner of war (POW) from 10 to 16 July 1943 be officially added to his service record.  

2.  He states the foregoing information is not included in his service records.  He had no way of knowing this information was not in his records.  He states that he wishes to explain why there is no official record of his POW experience.  He parachuted into Sicily on the night of 10 July 1944 (sic).  While engaged in hand to hand fighting he was knocked unconscious and captured.  He was sent to an Italian hospital that had been taken over to the Hermann Goring Division.  On the 5th day they tried to evacuate him to Palermo by truck.  They were bombed off the road by the American Air Force and returned to the hospital.  On the 6th day, he noticed the Italians were back in charge.  He came up with a ploy to take over the hospital and his ploy succeeded.  He eventually rejoined his unit for the Salerno Invasion.  

3.  He provides his medical board proceedings.

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 show he was commissioned in the Army of the United States as a second lieutenant on 12 December 1941.  He was assigned to Company C, 504th Parachute Infantry.

3.  General Orders Number 45 issued by Headquarters, Special Service Command, on 30 July 1943, awarded him the Purple Heart.

4.  A Medical Board Proceedings, dated 14 December 1943, shows the applicant was admitted to the 3rd General Hospital on 24 November 1943 from the 118th Station Hospital.  The medical history stated on 10 July 1943, while engaged in combat at Nicene, Sicily, he was struck in the head by a rifle butt.  He was taken to an Italian hospital as a prisoner from which he escaped after 6 days.  He was taken to the 29th Station Hospital at Algiers where he remained for about 6 weeks.  He returned to his unit on or about 1 September 1943 and entered into combat with invasion forces at Salerno, Italy.  

5.  His military service medical records shows he had been diagnosed with Encephalopathy, traumatic, incurred when he was repeatedly stuck on his head by a rifle butt due to enemy action in Sicily on 10 July 1943.  

6.  His records contain his Testimony before the board wherein he stated that he was captured in Niscemia in Sicily by Germans and Italians.  They stayed around for a day waiting for the commander to come and question him.  The commander didn't come and he was taken to an Italian hospital.  He was diagnosed with a condition of the central nervous system and Encephalopathy, traumatic, secondary to an injury incurred in combat on 10 July 1943 in Sicily when his head was repeatedly struck by rifle butts.  The injury was determined to be in the line of duty and permanent.

7.  His Army Retiring Board Proceedings, dated 2 October 1944, state he was determined incapacitated for active service due to Encephalopathy, traumatic, secondary to an injury incurred in combat on 10 July 1943.  


8.  He was honorably discharged in the rank of first lieutenant on 14 November 1944, for physical disability.  His separation document does not show he was a POW.

9.  There is no information in the applicant’s available military records which identified him as a POW.

10.  A search was conducted of the National Archives and Records Administration, Records of American POWs During World War II, documenting the period between 7 December 1941 to 19 November 1946.  These records did not contain the applicant’s name.

11.  Section 521a of the National Defense Authorization Act of 1996 authorized award of the Purple Heart to any former POW who was wounded before 25 April 1962 while held as a POW or while being taken captive, in the same manner as a former POW who was wounded on or after that date.  Section 521b specifically stated that award of the Purple Heart for POWs under Section 521a shall be made in accordance with the standards in effect on the date of the enactment of this Act to persons wounded on or after 25 April 1962.

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

* 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

13.  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 the “Remarks” section of the discharge document.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his service records do not show his POW status from 10 to 16 July 1943 and his records show his status as a POW.

2.  The evidence of record shows while serving in Sicily, he was struck in the head by a rifle butt.  He was taken to an Italian hospital on 10 July 1943 as a prisoner and held for about approximately 6 days.  He was subsequently diagnosed with Encephalopathy, traumatic, incurred when he was repeatedly stuck on his head by a rifle butt due to enemy action in Sicily on 10 July 1943.  In July 1943, he was awarded the Purple Heart.  He was discharged on 14 November 1944, for physical disability.  

3.  Notwithstanding the fact his name does not appear on the Records of American POWs During World War II, the evidence of record confirms he was captured in Italy on 10 July 1943 and held for approximately 6 days.  His military service and medical records confirm he met the criteria for POW status and award of the POW Medal. 

4.  Therefore, it would appropriate to correct his records to show he was a POW from 10 to 16 July 1943 in Italy and award him the POW Medal.  In accordance with regulatory guidance the entry "PRISONER OF WAR, Company C, 504th Parachute Infantry, Italy, 10 to 16 July 1943" should be annotated on his separation document.

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.  awarding the applicant the Prisoner of War Medal;

   b.  adding the following entry to his separation document, "PRISONER OF WAR, Company C, 504th Parachute Infantry, Italy, 10 to 16 July 1943;" and
   
   c.  providing him a document to include the changes.



      _______ _   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)                                         AR20100025445





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ABCMR Record of Proceedings (cont)                                         AR20100025445



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