IN THE CASE OF:	

		BOARD DATE:	  17 October 2013

		DOCKET NUMBER:  AR20130002370 


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 show:

* his prisoner of war (POW) status in Germany
* the POW Medal

2.  The applicant states, in effect, the supporting documents were previously unavailable to him. 

3.  The applicant provides:

* four Western Union telegrams
* WD AGO Form 53-55
* WD AGO Form 100 (Separation Qualification Record)
* Morning Report, dated 20 December 1944
* Authorization for Issuance of Awards

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 Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there were sufficient documents provided by the applicant for the Board to conduct a fair and impartial review of this case.

3.  The available evidence shows he enlisted into the Army on 22 June 1942.  He was awarded military occupational specialty number 821 (Supply Noncommissioned Officer) and he held the rank of Technical Sergeant at the time of his discharge.

4.  His WD AGO Form 53-55 shows he arrived in the European Theater of Operations on 11 October 1944 and was credited with participation in the Rhineland, Central Europe, and Ardennes campaigns.  This form shows he returned to the United States on 3 June 1945.

5.  His WD AGO Form 53-55 shows he was honorably discharged on 6 November 1945 after completing 3 years, 4 months, and 16 days of active service.

6.  Item 6 (Organization) of his WD AGO Form 53-55 lists his last unit of assignment as Service Battery, 924th Field Artillery Battalion, 99th Infantry Division. 

7.  Item 33 (Decorations and Citations) of this form shows the European-African-Middle Eastern (EAME) Theater Ribbon (now known as EAME Campaign Medal) with three bronze service stars, American Theater Service Medal, and Good Conduct Medal.  This form also shows he was issued the lapel button.

8.  The applicant submits Western Union telegrams showing the following:

* he had been missing in action in Belgium since 17 December [1944]
* confirmation through the Red Cross that he was a POW of the German Government
* he returned to military control on 29 April 1945

9.  A review of his available documents indicates he is entitled to additional awards which are not shown on his WD AGO 53-55.

10.  DA Pam 672-1 also shows the 924th Field Artillery Battalion, 99th Infantry Division was cited for award of the Belgian Fourragere for actions during the periods 18 November-16 December 1944 and 16 December 1944-20 February 1945 by Department of the Army General Orders 43-50.

11.  Army Regulation 600-8-22 (Military Awards) states 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 after 5 April 1917.

12.  This regulation also states the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946.

13.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing discharge documents.  It directs that, in the case of prisoners of war, the unit of assignment, country, and dates of capture and release will be entered in the "Remarks" section of the discharge document.

DISCUSSION AND CONCLUSIONS:

1.  A Western Union Telegram provided by the applicant shows he was reported as a POW of the German government.  Another Western Union Telegram states he was returned to military control.  Therefore, this is sufficient evidence to support adding the POW Medal to his WD AGO Form 53-55.  It would also be appropriate to amend item 55 (Remarks) of his WD AGO Form 53-55 to show "PRISONER OF WAR, Service Battery, 924th Field Artillery Battalion, 99th Infantry Division/Germany, 17 December 1944-29 April 1945."

2.  He served during a period qualifying him for the World War II Victory Medal.  Therefore, it would be appropriate to add this medal to his WD AGO Form 53-55.

3.  General orders awarded the applicant's unit the Belgian Fourragere during the period which the preponderance of evidence indicates he was assigned to the unit.  As such, it would be appropriate to add this unit award to his WD AGO Form 53-55.

4.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below. 


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 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 amending his WD AGO Form 53-55:

	a.  by adding the POW Medal, World War II Victory Medal, and Belgian Fourragere to item 33; and

	b.  by adding "PRISONER OF WAR, Service Battery, 924th Field Artillery Battalion, 99th Infantry Division/Germany, 17 December 1944-29 April 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)                                         AR20130002370



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ABCMR Record of Proceedings (cont)                                         AR20130002370



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