IN THE CASE OF:
BOARD DATE: 12 November 2013
DOCKET NUMBER: AR20130003708
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 award of the Prisoner of War (POW) Medal.
2. The applicant states although he was a POW he was not awarded the POW Medal. He recently realized this oversight when his family was compiling all of the letters he had written to his wife during his time in the service.
3. The applicant provides:
* a WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge
* a WD AGO Form 100 (Separation Qualification Record)
* two letters
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 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 in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's WD AGO 53-55 shows he:
a. was inducted into the Army of the United States on 18 March 1943 and entered active duty on 25 March 1943;
b. held military occupational specialty 657 (Medical Aidman);
c. departed the United States on 17 May 1944 and arrived in North Africa on 28 May 1944;
d. was assigned to the Medical Detachment, 180th Infantry Regiment, 45th Division;
e. participated in the Southern France and Rhineland campaigns;
f. was awarded the Purple Heart, European-African-Middle Eastern Service Ribbon, and Army Lapel Button;
g. received wounds in action in Germany on 22 December 1944;
h. returned to the United States on 18 June 1945; and
i. was honorably discharged on 26 October 1945 upon completion of 2 years, 7 months, and 19 days of active duty service to include 1 year, 4 months, and 29 days of continental United States service.
4. The applicant's WD AGO Form 100 shows he was a POW for 5 months.
5. A query of the National Archives Records of World War II POWs (1942-1947) database shows the applicant became a POW on 2 December 1944 and was interned at the German prison camp known as Stalag 4B until he was returned to military control.
6. Army Regulation 600-8-22 (Military Awards) states the Prisoner of War 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.
7. 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.
8. Army Regulation 600-8-22 states the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.
9. Army Regulation 600-8-22 states the American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946. Qualifying service for this campaign medal includes service within the continental United States for an aggregate period of one year.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was captured on 2 December 1944 and held as a POW in Germany until he was released from captivity on 8 May 1945. Therefore, he is entitled to correction of his records to show award of the POW Medal and the duration of his internment as a POW.
2. Evidence also shows the applicant served in the Army of the United States for the period 18 March 1943 through 26 October 1945. Therefore, he is entitled to correction of his records to show award of the WWII Victory Medal.
3. The applicant served in the continental United States for an aggregate of one year; therefore, his records should be corrected to show award of the American 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 the POW Medal, World War II Victory Medal, and American Campaign Medal to item 33 (Decorations and Citations) of his WD AGO Form 53-55; and
b. adding to item 55 (Remarks) of his WD AGO Form 53-55 the statement "POW while assigned to Medical Detachment, 180th Infantry Regiment, 45th Division interned from 2 December 1944 through 8 May 1945 in Stalag 4B, Germany."
_______ _ 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) AR20130003708
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