IN THE CASE OF:
BOARD DATE: 5 July 2012
DOCKET NUMBER: AR20120000965
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 the Prisoner of War (POW) Medal be added to his
WD AGO Form 53-55 (Enlisted Record and Report of Separation).
2. The applicant states he was a POW 6 months and the POW Medal was not put on his separation document.
3. The applicant provides Western Union telegrams; POW letters to his mother; and a Secretary of the Army letter, dated 18 May 1988, awarding him the POW Medal.
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 applicant's complete military record is not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed the applicant's records were lost or destroyed in that fire. This case is being considered using reconstructed records maintained by NPRC which include the applicant's
WD AGO Form 53-55, DARP Form 3583 (POW Medal Work Sheet), dated
26 September 1988, and a DA Form 1577 (Authorization for Issuance of Awards), dated 5 October 1988, along with the documents submitted by the applicant.
3. The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 13 January 1944 and he entered active duty on 3 February 1944. Item 31 (Military Qualifications) shows he earned the Combat Infantryman Badge (CIB). Item 33 (Decorations and Citations) shows he earned the following awards:
* Army Good Conduct Medal
* World War II Victory Medal
* American Theater Ribbon
* European-African-Middle Eastern Campaign Medal with 2 bronze service stars
4. Item 36 (Service Outside Continental United States) shows he served in the European Theater of Operations (ETO) from 21 July 1944 through on or about 3 June 1945. The WD AGO Form 53-55 shows the applicant was honorably separated in the rank of private first class on 26 November 1945.
5. A DARP Form 3583, dated 26 September 1988, shows the applicant's request for POW status and award of the POW medal was approved on 26 September 1988. A DA Form 1577, dated 5 October 1988, authorized the issuance of the POW Medal to the applicant.
6. The applicant provides three Western Union telegrams addressed to his mother that show he was first reported missing in action on 7 November 1944; reported in a POW status, on 30 December 1944; and reported returned to U.S. military control on 28 May 1945. He also provides post cards addressed to his mother from the POW camp.
7. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 3-14d of Army Regulation 600-8-22 states the Bronze Star
Medal (BSM) 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. An award of the CIB is considered to be a citation in orders for the BSM. Therefore, the BSM is to be awarded to individuals who were authorized the CIB for service during WWII.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to add the POW Medal to his WD AGO Form 53-55 has been carefully considered and found to have merit. The evidence confirms the applicants POW status and award of the POW Medal in 1988. Therefore, it would be appropriate to add this award to his WD AGO Form 53-55.
2. By regulation, the BSM is authorized to members who served during World War II and received the CIB. The applicants WD AGO Form 53-55 confirms in item 31 that he received the CIB. As a result, it would be appropriate to award him the BSM for exemplary conduct in ground combat in the ETO between 21 July 1944 and 7 November 1944 and add this award to his WD AGO Form 53-55.
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 for exemplary conduct in ground combat in the ETO between 21 July 1944 and 7 November 1944; and
b. adding the Bronze Star Medal and Prisoner of War Medal to 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.
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