IN THE CASE OF:	  

		BOARD DATE:  31 January 2012

		DOCKET NUMBER:  AR20110015949 


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 former service member (FSM), requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show he was a Prisoner of War (POW) from                16 December 1944 to 7 April 1945 and was awarded the POW Medal.

2.  The applicant states his father was a POW in Stalag IV B, during World     War II (WWII).  He further states he recently requested his father’s replacement medals and was told by the National Personnel Record Center that his father’s records did not indicate he was ever a POW.  

3.  The applicant provides:

* Certificate of Death
* Honorable Discharge Certificate
* WD AGO Form 53-55
* WD AGO Form 100 (Army Separation Qualification Record)
* Newspaper clippings
* a photo
* a letter from the Department of Veterans Affairs (DVA)
* VA Form (10-0048) Former POW Medical History


 


CONSIDERATION OF EVIDENCE:

1.  The FSM's WD Form 53-55 shows he was inducted into the Army of the United States and entered into active service on 7 April 1941.  His military occupational specialty was 610 (Anti Tank Crewman).  His final unit of assignment was Anti Tank Company, 110th Regiment, 28th Division.  He was honorably discharged on 8 August 1945 after completing a total of 4 years, 4 months, and 2 days of active military service.  He held the rank of staff sergeant on the date of his separation.

2.   The FSM's WD Form 53-55 also contains the following pertinent information:

	a.  Item 31 (Military Qualification and Date (i.e., infantry, aviation and marksmanship badges, etc.)) shows award of the Combat Infantryman Badge.

	b.  Item 32 (Battles and Campaigns) shows he participated in the Ardennes, Normandy, Northern France, and Rhineland campaigns during his period of service.

	c.  Item 33 (Decorations and Citations) shows he was awarded or authorized the:

* American Defense Service Medal,
* Army Good Conduct Medal
* European-African-Middle Eastern Service Medal [now known as the European-African-Middle Eastern Campaign Medal (EAME Campaign Medal)]

	d.  Item 36 (Service Outside Continental U.S. and Return) shows he arrived in the European-African-Middle Eastern Theater of Operations on 18 October 1943 and departed on 30 April 1945.
 
3.  His record contains WD AGO Form 100 which shows in Military Specialties (Assignments) a principal duty of POW while serving in the grade of staff sergeant for 4 months.

4.  His record contains WD AGO Form 24 (Service Record) which shows on page 15 (Remarks - Administrative), “16 December 1944 – 12 April 1945 POW liberated.” 


5.  His name appears in the WWII POW Data File maintained by the National Archives and Records Administration for the period 20 December 1944 through 15 May 1945 and shows he was detained at Stalag 4B located in Germany.

6.  The applicant provides newspaper clippings and a photograph of a POW identification tag which all further corroborate the FSM’s prisoner status.

7.  Army Regulation 600-8-22 (Military Awards) provides for the following awards: 

	a.  The WWII Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

	b.  The American 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, or 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 1 year.

	c.  The Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  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.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during WWII.  An oak leaf cluster is authorized for wear for each additional award of the Bronze Star Medal.

8.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-WWII) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during WWII.  This document shows that at the time of his assignment to Anti Tank Company, 110th Regiment, 28th Division, the unit was credited with participation in five campaigns during WWII:  Ardennes, Central Europe, Normandy, Northern France, and Rhineland.  

9.  Army Regulation 600-8-22 authorizes a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation or listed in item 32 of the WD AGO Form 53-55.  This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the EAME Campaign Medal.  A silver service star is authorized in lieu of five bronze service stars.

10.  Army Regulation 635-5 (Separations Documents) establishes the standardized policy for preparing and distributing discharge documents.  In pertinent part, it directs that, for a Soldier with POW documentation, enter "PRISONER OF WAR, (unit of assignment/country) (date of capture and release date)" in the Remarks section.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his father’s WD AGO Form 53-55 should be corrected to show he was a POW from 16 December 1944 to 7 April 1945 and that he was awarded of the POW Medal were carefully considered and determined to have merit.

2.  Evidence clearly shows he became a POW in Germany on 16 December 1944 and he remained a POW until he was returned to U.S. military control on  12 April 1945.  Therefore, he is entitled to have his time spent in a POW status reflected in the Remarks section of his WD AGO 53-55.  He should be awarded the POW Medal and it should be added to his WD AGO 53-55.

3.  With respect to the Bronze Star Medal, the evidence of record shows he was awarded the Combat Infantryman Badge.  Based on his entitlement to the Combat Infantryman Badge, he is entitled to award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this award.

4.  The available evidence shows he served a qualifying period for award of the WWII Victory Medal and the American Campaign Medal.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show both medals.  

5. Records show that the applicant was awarded the EAME Campaign Medal.  Records also show that he participated in five campaigns during his service in the European-African-Middle Eastern Theater of Operations.  Therefore, he is entitled to correction of his WD AGO 53-55 to add “Central Europe” in item 32 and he is eligible for award of one silver service star to be affixed to his already-awarded EAME 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.  adding the Central Europe campaign to item 32 of his WD AGO
Form 53-55,

	b.  deleting the European-African-Middle Eastern Service Medal from item 33 of his WD AGO Form 53-55,

	c.  adding the POW Medal, Bronze Star Medal, WWII Victory Medal,  American Campaign Medal, and EAME Campaign Medal with one silver service star to item 33 of his WD AGO Form 53-55; and

	d.  adding to the Remarks section of his WD AGO Form 53-55 the entry "PRISONER OF WAR:  Anti Tank Company, 110th Regiment, 28th Division, Germany, 16 December 1944 to 12 April 1945."



      __________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)                                         AR20110015949



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ABCMR Record of Proceedings (cont)                                         AR20110015949



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