BOARD DATE: 28 June 2011
DOCKET NUMBER: AR20100030220
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 issuance of a DD Form 215 (Correction to DD Form 214) showing his father was awarded the Prisoner of War (POW) Medal.
2. The applicant states his father was recently awarded the POW Medal and requests a DD Form 215 be issued.
3. The applicant provides copies of the FSM's Certificate of Death, citation for the Bronze Star Medal, DD Form 2510 (Prisoner of War (POW) Medal Application/Information), dated 25 October 1988, portions of a letter, dated
24 July 1945, subject: Battle Participation Credit, an unidentified typewritten extract identifying the FSM and relating to his military service, his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), and a letter from the National Personnel Records Center, dated 14 July 2010.
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 for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, sufficient information is available to render a full and impartial review.
3. The available evidence shows the FSM enlisted in the Army on 2 July 1940.
4. His WD AGO Form 53-55 shows in:
* Item 32 (Battles and Campaigns) Northern France, Ardennes, Rhineland, and Central Europe
* Item 33 (Awards and Citations) the Purple Heart Medal, Good Conduct Ribbon, American Defense Service Ribbon, European-African-Middle Eastern Theater Ribbon with one silver battle star, and seven overseas service bars
* Item 34 (Wounds Received in Action) that he was wounded in action in Germany 15 April 1945
5. He was separated on 19 June 1945.
6. 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
7. The applicant provides a letter from the National Personnel Records Center, date 14 June 2010. This letter lists the POW Medal as one of the awards authorized for shipment to the applicant. The letter does not award the medal. The basis for that agency's decision to ship the medal is not included in the letter.
8. The applicant also provides a copy of a DD Form 2510, dated 25 October 1988. Item 8 (Date Confined as POW) shows 15 April 1945. Item 10 (Date Released as POW) shows 18 April 1945. Item 11 (Additional Information) states "Imprisoned in a German Field Hospital near Lipseg. Recaptured by the 3d armor division." The copy provided is a POW Medal Application. There is no available evidence that the application was granted.
9. There is no evidence in the applicant's military personnel records that shows he was in a POW status.
10. A search of the National Archives and Records Administration Access to Archival Databases - World War II, POW data files failed to show the applicant's name listed as a POW.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests a DD Form 215 be issued showing his father was awarded the POW Medal.
2. While the evidence clearly shows the FSM served overseas in WWII and was wounded in action, there is no evidence of record and the applicant provides insufficient evidence to show he was in a POW status at any time during his military service.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x__ __x_____ _____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________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) AR20090008471
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100030220
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120000849
The applicant, the son of a deceased former service member (FSM), requests reconsideration of his earlier request to show award of the Prisoner of War (POW) Medal on the FSMs WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge). Senator * Morning reports, dated 17 April and 22 May 1945 * Certificate of Birth * Certificate of Death * Hospital Admission Card Data File * DA Form 1577 (Authorization for Issuance of Awards) * citation for the Bronze Star Medal * DD...
ARMY | BCMR | CY2010 | 20100029255
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). 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2015 | 20150001341
The applicant provides: * previous correspondence with and from the Board * letter, dated 27 October 2014 from the National Archives * Congressional correspondence * newspaper articles dated 17 August 2014 * self-authored memoirs * letter, dated 29 August 2014 from the U.S. Army Human Resources Command (HRC) * Certificate of Death * letter, dated 11 November 2013 from the National Personnel Records Center * Application for Headstone or Marker * photograph of a headstone with the name "Edward...
ARMY | BCMR | CY2014 | 20140017017
The applicant requests correction of the records of his deceased father, a former service member (FSM), to show he was wounded in action and awarded the Purple Heart. He also requests, in effect, correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separations Honorable Service) to show: * the FSM's prisoner of war (POW) status * Purple Heart and POW Medal 2. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2013 | 20130012599
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of the WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) of her late father, a former service member (FSM), to show award of the Silver Star. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * adding the entry, "Prisoner of War, Company K, 16th Infantry Regiment,...
ARMY | BCMR | CY2012 | 20120010307
The applicants, daughters of a deceased former service member (FSM), request correction of their father's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the: * Bronze Star Medal * Prisoner of War (POW) Medal 2. The applicants also provide a letter from the NPRC which shows the FSM's entitlement to award of the Bronze Star Medal based on his receipt of the Combat Infantryman Badge. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2014 | 20140009781
The applicant, the daughter of a deceased former service member (FSM), requests correction of his records to show award of the: * Purple Heart * Prisoner of War Medal 2. Although the FSM's military records were destroyed by fire, sufficient Army records show he was wounded by enemy action and treated; therefore, he is entitled to award of the Purple Heart for injuries incurred on 10 December 1944 and correction of his WD AGO Form 53-55 to show this award. As a result, the Board recommends...
ARMY | BCMR | CY2010 | 20100017370
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests the military records of her deceased husband, a former service member (FSM), be corrected to show he was a prisoner of war and awarded the Prisoner of War Medal. The FSMs military records are not available to the Board for review.
ARMY | BCMR | CY2010 | 20100024111
The FSM's military records are not available to the Board for review. 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. 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.
ARMY | BCMR | CY2010 | 20100028691
The applicant provides: * WD AGO Form 53-55 (Enlisted Record and Report of Separation) * DD Form 215 (Correction to DD Form 214 (Certificate of Release or Discharge from Active Duty)) * U.S. Air Force (USAF) WD AGO Form 53 and DD Form 214(Report of Separation from the Armed Forces of the United States) * VA Form 8-1520 (Decision of Disability Insurance Claims) * Two Internet printouts of POW Roster * Self-authored POW timelines * Letter from FSM son to his Member of Congress * Statement from...