BOARD DATE: 21 August 2012
DOCKET NUMBER: AR20120004273
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. Through a Member of Congress, the applicant requests correction of the WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) of her deceased father, a former service member (FSM), to document his prisoner of war (POW) status during World War II.
2. The applicant states the FSM's POW status is not documented on his WD AGO Form 53-55.
3. The applicant provides:
* applicant's birth certificate
* FSM's death certificate
* FSM's 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 FSM's complete 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 (NPRC) in 1973. It is believed that the FSM's records were lost or destroyed in that fire. This case is being considered using reconstructed records, which primarily consist of the FSM's WD AGO
Form 53-55 and miscellaneous documents remaining in the NPRC file.
3. The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 4 November 1942 and entered active duty on 18 November 1942. He was honorably separated from active duty on 9 December 1946.
4. The FSM'a WD AGO Form 53-55 also shows he served in the European theater of operations from 26 August 1944 through 15 June 1945 and he participated in the Ardennes-Rhineland campaign of World War II.
5. The FSM's WD AGO Form 53-55 also shows that during his active duty tenure, he was awarded or authorized the American Campaign Medal, Bronze Star Medal, European-African-Middle Eastern Campaign Medal, Army Good Conduct Medal, and World War II Victory Medal.
6. An NPRC records review confirms the FSM was a POW in Germany from 22 December 1944 to 25 May 1945.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. Paragraph 2-9 contains guidance for award of the POW Medal. It states the POW Medal is authorized to be awarded to any person who, while serving in any capacity with the U.S. Armed Forces, was taken prisoner and held captive after 5 April 1917.
8. Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service or campaign medal, to include the European-African-Middle Eastern Campaign Medal, for each campaign participation credit.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request that the FSM's WD AGO Form 53-55 be corrected to show his POW status has been carefully considered and found to have merit.
2. The NPRC records confirm the FSM was POW from 22 December 1944 to 25 May 1945. Therefore, it would be appropriate to posthumously award him the POW Medal at this time. It would also be appropriate to add the POW Medal to item 33 (Decorations and Citations) and the entry "POW, Germany, 22 December 1944 to 25 May 1945" to item 55 (Remarks) of his WD AGO
Form 53-55.
3. The FSMs WD AGO Form 53-55 should also be amended to show he was authorized one bronze service star for wear on his European-African-Middle Eastern Campaign Medal.
BOARD VOTE:
___x_____ __x______ _x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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:
* amending the FSM's WD AGO Form 53-55 by adding the POW Medal and one bronze service star to his European-African-Middle Eastern Campaign Medal to item 33 and the entry "POW, Germany, 22 December 1944 to 25 May 1945" to item 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) AR20120004273
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ABCMR Record of Proceedings (cont) AR20120004273
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