IN THE CASE OF:	  

		BOARD DATE:	  10 September 2013

		DOCKET NUMBER:  AR20130001772 


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, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) to add his Prisoner of War (POW) Medal.

2.  The applicant states his discharge papers do not credit him with being a POW.

3.  The applicant provides his:

* Enlisted Record
* Certificate of Service Card
* War Claims Commission acknowledgement of his application
* Honorable Discharge Certificate, effective 12 October 1945

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 military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Record Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there are sufficient reconstructed documents for the Board to conduct a fair and impartial review of this case.

3.  His WD AGO Form 53-55 shows he:

	a.  was inducted into the Army of the United States on 25 March 1943 and entered active duty on 2 April 1943;

	b.  held military occupational specialty 745 (Rifleman Squad Leader);

	c.  was awarded the Combat Infantryman Badge;

	d.  served in the European Theater of Operations (ETO) for the period 
6 October 1943 to 30 March 1945;

	e.  was wounded in action on 6 May 1944;

	f.  was discharged on 12 October 1945; and

	g.  was awarded the:

* Bronze Star Medal
* Purple Heart
* Good Conduct Medal
* European-African-Middle Eastern Service Medal

4.  His name is listed on the National Archives, World War II (WWII) POW Data File for the period 1 September 1944 to 24 March 1945 as having been captured or imprisoned while assigned to the 179th Infantry.  

5.  Item 28 (Prior Service) of his Enlisted Record shows he was assigned to Company F, 179th Infantry, 45th Division for the period 1 April 1943 to 
12 October 1945.

6.  A review of the available evidence indicates he is entitled to additional awards that are not shown on his WD AGO Form 53-55.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations:

	a.  The POW Medal was authorized on 8 November 1985 and is awarded to individuals who, in past armed conflicts, were taken prisoner or held captive.

	b.  The Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The 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 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the CIB or the CMB is considered to be a citation in orders.  Therefore, the BSM is to be awarded to individuals who were authorized either badge for service during World War II.
	
	c.  The World War II Victory Medal is awarded for service between 
7 December 1941 and 31 December 1946, both dates inclusive.

	d.  A bronze service star is worn on the appropriate service ribbon, to include the European-African-Middle Eastern Campaign Medal, for each credited campaign.

	e.  The “arrowhead” will be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  Individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The unit must be credited with a combat assault in order for the Soldier to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The arrowhead is authorized for wear on the European-African-Middle Eastern Campaign Medal.  Although a member may be credited with multiple assault landings, only one arrowhead will be worn on any ribbon.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, lists the unit awards received by 
units and campaign participation of units serving in World War II.  This document shows that during his period of service the 179th Infantry Regiment:

   a.  Participated in the following campaigns: Anzio, Naples-Foggia, Rome-Arno, and Southern France.

   b.  Received credit for combat assault landings at:

* Anzio, 22-23 January 1944, by WD GO Number 70 (1945)
* Southern France, 15-16 August 1944, by WD GO Number 70 (1945)

   c.  Was awarded the French Croix de Guerre for action from 1-31 January 1944 by Department of the Army General Orders (DAGO) Number 43, dated 1950.

9.  In a 28 March 1983 letter, the U.S. Army Military Personnel Center published the policy regarding awards of the French Croix de Guerre to U.S. Army veterans who had served in World War I and World War II.  This guidance states there is no individual emblem presented to or worn by Army Soldiers who were in a unit cited by the French Government for the Croix de Guerre.  Thus, former members of any American units which appear in Department of the Army Pamphlet 672-1 are not authorized an individual device.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows:

	a.  The applicant was a POW from 1 September 1944 to 24 March 1945.  Therefore, he is entitled to the POW Medal.

	b.  He received the CIB while serving in the ETO during World War II.  By regulation, members who received the CIB during World War II are authorized award of the Bronze Star Medal.

	c.  He served a qualifying period of service for entitlement to the World War II Victory Medal.

	d.  He participated in four campaigns.  Therefore, he is entitled to have his record corrected to show four bronze service stars for wear on his already-awarded European-African-Middle Eastern Theater Campaign Medal.

	e.  He was assigned to a unit that received assault landing credit for Anzio and Southern France.  Regulatory guidance only permits the wear of one arrowhead despite the actual number of credited assault landings.  He is entitled to the award of the arrowhead.

	f.  The FSM’s unit was cited once for award of the French Croix de Guerre.  Although he would not have been authorized to wear a ribbon, fourragere, medal, or other device based on a one-time citation, an entry should be made on his WD AGO Form 53-55 to show this citation.

2.  In view of the above, his record should be corrected as recommended below.

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 the applicant's WD AGO Form 53-55:

* Prisoner of War Medal
* Bronze Star Medal with Oak Leaf Cluster
* four bronze service stars and one bronze arrowhead for wear on his previously-awarded European-African-Middle Eastern Campaign Medal
* World War II Victory Medal

	b.  adding to item 55 (Remarks) of his WD AGO Form 53-55, the entry “FRENCH CROIX DE GUERRE – UNIT CITATION – NO EMBLEM AUTHORIZED."




      _______ _  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)                                         AR20130001772



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ABCMR Record of Proceedings (cont)                                         AR20130001772



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