BOARD DATE: 25 October 2011
DOCKET NUMBER: AR20110008277
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 award of the Prisoner of War (POW) Medal.
2. The applicant states he was in Stalag 11B in Germany from 16 January 1945 to 16 April 1945.
3. The applicant provides:
* Western Union telegram, dated 9 February 1945
* POW notification, dated 22 January 1945
* Newspaper articles
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants 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 applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. He was inducted into the Army of the United States on 16 June 1943 and he entered active duty on 30 June 1943. He served in the European Theater of Operations from 1 October 1944 to 10 May 1945. On 5 December 1945, he was honorably discharged.
4. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 does not show the POW Medal as an authorized award. His WD AGO Form 53-55 shows he received the Combat Infantryman Badge in item 31 (Military Qualifications and Date).
5. The World War II Prisoners of War Data File shows the applicant was reported as a POW on 16 January 1945 and he was detained in Germany.
6. He provided a POW notification card which shows he was in a POW camp in France on 22 January 1945.
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 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
8. Army Regulation 600-45 (Decorations), effective 13 October 1949, provided in pertinent part, that the Bronze Star Medal is 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 is considered to be a citation in orders. This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.
DISCUSSION AND CONCLUSIONS:
1. Evidence shows he was a POW in Germany during World War II; therefore, his WD AGO Form 53-55 should be corrected to show this award.
2. Based on award of the Combat Infantryman Badge, the applicant is also entitled to award of the Bronze Star Medal. His WD AGO Form 53-55 should be corrected to show this award.
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 him the Bronze Star Medal (based on award of the Combat Infantryman Badge); and
b. adding the POW Medal and Bronze Star Medal to item 33 of his 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) AR20110008277
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ABCMR Record of Proceedings (cont) AR20110008277
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