IN THE CASE OF:	  

		BOARD DATE:  21 August 2012

		DOCKET NUMBER:  AR20120002633 


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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) to show his Prisoner of War (POW) Medal and all other awards to which he may be entitled.

2.  The applicant states the Secretary of the Army (SA) awarded him the POW Medal on 19 May 1988.  He would like the POW Medal and all other awards to which he is entitled included on his WD AGO Form 53-55.

3.  The applicant provides:

* Self-authored statement
* DA Form 1577 (Authorization for Issuance of Awards), dated 14 June 1988
* Letter from the SA, dated 19 May 1988
* WD AGO Form 53-55

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 applicant's service personnel records were lost or destroyed in a fire at the National Personnel Records Center in 1973.  The records available to the Army Board for Correction of Military Records were provided in part by the applicant and also obtained from alternate sources and are sufficient for the Board to conduct a fair and impartial review of this case.

3.  The applicant was inducted into the Army of the United States and he entered active duty in Newark, NJ on 28 July 1944.  He completed training and he was awarded military occupational specialty 745 (Rifleman).  He was assigned to the 275th Infantry Regiment, 70th Infantry Division.  The highest rank he attained during his active duty service was corporal (CPL).

4.  His record contains two WD AGO Forms 1 (Morning Report) submitted by Company L, 275th Infantry, 70th Infantry Division that shows on:

* 24 February 1945, his duty status changed from present for duty to Missing in Action (MIA)
* 5 March 1945, his duty status changed from MIA to returned to duty

5.  His record further contains two Western Union telegrams sent to his mother from The Adjutant General.  The first, dated 26 March 1945, stated the applicant had been reported as MIA on 24 February 1945 in France.  The second, dated 28 March 1945, stated he had been returned to duty on 5 March 1945.

6.  On 24 June 1946, he was honorably discharged for the convenience of the Government at demobilization.  He completed 5 months and 10 days of continental service and 1 year, 5 months, and 17 days of foreign service, for a total of 1 year, 10 months, and 27 days of active duty service.  The WD AGO Form 53-55 he was issued at the time shows in:

* item 31 (Military Qualification and Date) award of the Combat Infantryman Badge effective 14 March 1945
* item 32 (Battles and Campaigns) he participated in the Central Europe and Rhineland campaigns


* item 33 (Decorations and Citations) the:

* Good Conduct Medal
* Army of Occupation Medal
* European-African-Middle Eastern Campaign Medal
* WWII Victory Medal

* item 36 (Service Outside continental United States and Return) he:

* departed the United States on 3 January 1945
* arrived in the European Theater of Operations (ETO) on 13 January 1945
* departed the ETO on 10 June 1946
* arrived back to the United States on 19 June 1946

7.  His record contains a DA Form 1577, dated 3 June 1985, that shows he was authorized the issuance of the Bronze Star Medal based on award of the Combat Infantryman Badge.

8.  The applicant provides a letter from the SA, dated 19 May 1988, presenting him with the POW Medal.

9.  His record also contains a DA Form 1577, dated 14 June 1988, that shows he was authorized issuance of the POW Medal.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  This pamphlet shows his unit of assignment was awarded the Army of Occupation Medal with Germany Clasp for the period 2 May 1945-18 September 1945.  Additionally, his unit was credited with participating in the Central Europe, Rhineland, and Ardennes-Alsace campaigns.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

	a.  The European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern theater between 7 December 1941 and 8 November 1945.  This regulation also authorizes a bronze service 


star based on qualifying service for each campaign listed in appendix B or listed in item 32 of the WD AGO Form 53-55.

	b.  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 for award of the Bronze Star Medal.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

	c.  The Army of Occupation Medal was established by War Department General Orders 32, dated 1946.  It is awarded for service for 30 consecutive days at a normal post of duty while assigned to Army of Occupation of Germany (exclusive of Berlin) between 9 May 1945 and 5 May 1955.  Soldiers who served in the European theater during the occupation of Europe will wear the clasp inscribed "Germany."

12.  Army Regulation 635-5 (Separations Documents) establishes the standardized policy for preparing and distributing discharge documents.  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 evidence of record shows the applicant was awarded the Prisoner of War Medal on 19 May 1988.  Therefore, his WD AGO Form 53-55 should be corrected to show the POW medal and his POW status.

2.  Records show the applicant was awarded the Combat Infantryman Badge.  A DA Form 1577, dated 3 June 1985, shows the Bronze Star Medal was issued based on award of the Combat Infantryman Badge.  Therefore, he should be awarded the Bronze Star Medal effective 14 March 1945 and his WD AGO Form 53-55 should be corrected to show this award.

3.  The unit he served with during World War II was credited with three campaigns during his period of assignment; however, the Ardennes-Alsace 


campaign was not listed on his WD AGO 53-55.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to add this campaign and to show three bronze service stars for wear on his already-awarded European-African-Middle Eastern Campaign Medal.

4.  The evidence of record shows his unit was awarded the Army of Occupation Medal for service in Germany; however, the Germany clasp was not annotated on his WD AGO Form 53-55.  Therefore, his WD AGO Form 53-55 should be corrected to show the Army of Occupation Medal with Germany clasp.

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 his WD AGO Form 53-55 the European-African-Middle Eastern Campaign Medal and the Army of Occupation Medal;

	b.  awarding him the Bronze Star Medal effective 14 March 1945 based on award of the Combat Infantryman Badge;

	c.  adding to item 32 of his WD AGO Form 53-55 the Ardennes-Alsace campaign;

	d.  adding to item 33 of his WD AGO Form 53-55 the:

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


* adding to item 55 (Remarks) of his WD AGO Form 53-55 the entry "PRISONER OF WAR:  Company L, 275th Infantry Regiment,
70th Infantry Division, France; 24 February 1945 to 5 March 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)                                         AR20120002633



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ABCMR Record of Proceedings (cont)                                         AR20120002633



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