IN THE CASE OF:	  

		BOARD DATE:	  14 June 2011

		DOCKET NUMBER:  AR20100029255 


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 son of a deceased former service member (FSM), requests award of the Prisoner of War (POW) Medal to his late father and its addition to his father's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge).

2.  He states that his father was captured in Germany on 4 October 1944 and he was released around April 1945.  His father was held somewhere near Munich, Germany, he believes in Stalag 7.  He further states the attached copy of his father's discharge paper should contain all the necessary information.

3.  He provides:

* the FSM's WD AGO Form 53-55 and Honorable Discharge Certificate
* a DD Form 2510 (POW Medal Application/Information)
* the FSM's Certificate of Birth
* the FSM's Certification of Birth Record
* the FSM's State of Illinois Coroner's Certificate of Death
* The Southern Illinoisan newspaper and Memorial Obituary

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 FSM's military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the NPRC in 1973.  It is believed that the FSM’s records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record, and documentation submitted by the applicant for the Board to conduct a fair and impartial review of this case.

3.  The available evidence shows the FSM was inducted into the Army of the United States on 18 June 1943 and he entered into active service on 2 July 1943.  He served overseas in the European Theater of Operations (ETO) from
23 August 1944 to 1 June 1945.  At the time of his separation, the FSM held military occupational specialty 745 (Rifleman) and he was assigned to Company K, 115th Infantry Regiment, 29th Infantry Division.

4.  The FSM was honorably discharged on 29 November 1945 in the grade of corporal (CPL).  The WD AGO Form 53-55 the FSM was issued at the time shows in:

* Item 31 (Military Qualification and Date) the Combat Infantryman Badge and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
* Item 32 (Battles and Campaigns) the Northern France, Rhineland, and Central Europe campaigns
* Item 33 (Awards and Decorations) the:

* Army Good Conduct Medal
* American Theater Service Ribbon
* European-African-Middle Eastern Theater Service Ribbon
* World War II Victory Ribbon

5.  There is no information in the FSM's reconstructed record which identified him as a POW.

6.  The U.S. National Archives and Records Administration - World War II POW Data File documents records of American POWs during World War II.  Records created between December 1941 and November 1946 list the FSM as having been captured on 4 October 1944.  Germany is listed as the detaining power.  

7.  Army Regulation 600-8-22 (Military Awards) states the POW Medal was authorized on 8 November 1985 and is awarded to individuals who in the 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:

	a.  while engaged in an action against an enemy of the United States;

	b.  while engaged in military operations involving conflict with an opposing foreign force;

	c.  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; and 

	d.  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.

8.  Army Regulation 600-8-22, paragraph 513, contains the regulatory guidance on the European-African-Middle Eastern Campaign Medal.  It states that a bronze service star is authorized with this award for each campaign a member is credited with participating in.  During the FSM's service in the ETO he participated in three campaign phases.

9.  Army Regulation 600-8-22 further specified the Bronze Star Medal was awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal was authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service during that period was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge was considered to be a citation in orders.  That meant, in effect, the Bronze Star Medal was to be awarded to individuals who were authorized either badge for service during World War II.

10.  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 late father's separation document does not show his POW status.

2.  The evidence of record and the applicant's statement shows that while serving in Germany, the FSM was held prisoner from 4 October 1944 to around April 1945.  He was honorably discharged from active duty on 29 November 1945.  The evidence confirms the FSM met the criteria for POW status.  As such, it would appropriate to correct the FSM's WD AGO Form 53-55 to show he was a POW from 4 October 1944 to April 1945 in Germany.  In accordance with regulatory guidance the entry "Prisoner of War, Company K, 115th Infantry Regiment, Germany, 4 October 1944 - April 1945" should be annotated on the FSM's WD AGO Form 53-55.  Based on the FSM's confirmed POW status, he is also entitled to the POW Medal and correction of his WD AGO Form 53-55 to show this award.

3.  The available evidence confirms the FSM was awarded the Combat Infantryman Badge; therefore, based on regulatory guidance, he is entitled to the Bronze Star Medal based on award of the Combat Infantryman Badge and correction of his WD AGO Form 53-55 to show this award.

4.  The available evidence further confirms the FSM participated in the three campaign phases during World War II.  Therefore, the FSM's WD AGO Form    53-55 should be corrected to show three bronze service stars to be affixed to the FSM's European-African-Middle Eastern Campaign Medal.  

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 Ribbon;

	b.  posthumously awarding the FSM the Bronze Star Medal based on award of the Combat Infantryman Badge;

	c.  adding to Item 33 of the FSM's WD AGO Form 53-55 the:

* Bronze Star Medal
* Prisoner of War Medal
* European-African-Middle Eastern Campaign Medal with three bronze service stars

   d.  adding to Item 35 of the FSM's WD AGO Form 53-55 the entry "Prisoner of War, Company K, 115th Infantry Regiment, Germany,  October 1944 - April 1945;" and
   
   e.  providing the applicant a document to include the changes to his late father's WD AGO Form 53-55.



      _______ _  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)                                         AR20100029255



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ABCMR Record of Proceedings (cont)                                         AR20100029255



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