IN THE CASE OF:	  

		BOARD DATE:  6 December 2012

		DOCKET NUMBER:  AR20120009911 


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 add his Prisoner of War (POW) Medal and POW status.

2.  The applicant states he was a POW in Germany and held at a POW camp called Stamlager XII from approximately January 1945 to March 1945.

3.  The applicant provides:

* Western Union Telegram, dated 31 March 1945
* POW post card, dated 6 February 1945
* Honorable Discharge Certificate

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 ABCMR 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 on 10 July 1943 and entered active duty in Denver, CO on 31 July 1943.  He held military occupational specialty 745 (Rifleman) and was assigned to the 155th Infantry Regiment, 17th Airborne Infantry Division.  The highest rank he attained during his active duty service was corporal (CPL).

4.  His WD AGO Form 53-55 shows he departed the continental United States on 3 November 1944, arrived in the European-African-Middle Eastern Theater on 
10 November 1944.  He departed the European-African-Middle Eastern Theater on an unknown date and arrived in the continental United States on 16 March 1945.

5.  His record contains a POW post card, dated 6 February 1945.  This post card appears to have been sent to his parents to inform them he had been taken as a POW and was in good health.

6.  He provided a Western Union telegram, dated 31 March 1945.  This telegram was sent to his parents by the Secretary of the Army to inform them he had been returned to duty on 31 March 1945.

7.  The National Archives World War II Prisoners of War Data File, 7 December 1941 to 19 November 1946, lists the applicant as having been captured in the European Theater: Germany.  His grade at the time of capture is listed as private first class and Germany is listed as the detaining power.  The applicant was returned to military control, liberated, or repatriated on 31 March 1945.

8.  On 26 December 1945, he was honorably discharged.  He completed 2 years and 13 days of continental service and 4 months and 13 days of foreign service.  The WD AGO Form 53-55 he was issued at the time shows in:

* item 31 (Military Qualification and Date) award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)
* item 32 (Battles and Campaigns) he participated in the Central Europe, Ardennes, and Rhineland campaigns
* item 33 (Decorations and Citations) the:

* American Theater Medal
* Good Conduct Medal
* European-African-Middle Eastern Campaign Medal
* World War II (WWII) Victory Medal

9.  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 POW Medal is authorized for any person who, while serving in any capacity with the U.S. Armed Forces, was taken prisoner and held captive after 5 April 1917.  The POW Medal will only be awarded when the individual’s prisoner of war status has been officially confirmed and recognized as such by the Department of the Army.  

10.  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 applicant's exact dates in captivity cannot be accurately determined based on the available evidence.  He provides a letter, dated 6 February 1945 which confirms he was in captivity on that date.  Additionally, his service records contain a Western Union Telegram confirming the date he returned to military control as 31 March 1945.  Therefore, it is reasonable to presume he was in a POW status from at least 6 February to 31 March 1945.  As such, he is entitled to award of the POW Medal and correction of his DD Form 214 to show this award and his POW status.

2.  The unit he served with during WWII was credited with three campaigns during his period of assignment.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to add three bronze service stars for wear on his already-awarded 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 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 to item 33 of the applicant's WD AGO Form 53-55:

* three bronze service stars to be affixed to his previously awarded European-African-Middle Eastern Campaign Medal 
* Prisoner of War Medal

	b.  adding to item 55 (Remarks) of his WD AGO Form 53-55 
the entry "PRISONER OF WAR: 155th Infantry Regiment, 17th Airborne Infantry Division, Germany, 6 February 1945 to 31 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)                                         AR20120009911





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ABCMR Record of Proceedings (cont)                                         AR20120009911



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