IN THE CASE OF:	  

		BOARD DATE:	    2 January 2014

		DOCKET NUMBER:  AR20130007376 


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 show he was a Prisoner of War (POW) during World War II (WWII).

2.  The applicant states he was a POW from 1943 to 1945, but it was not annotated on his WD AGO Form 53-55.

3.  The applicant provides his 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.  His military record is not available 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 applicant's records were lost or destroyed in that fire. However, there were sufficient documents available to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records which primarily consist of the applicant's WD AGO Form 53-55 and other documents provided by the NPRC.

3.  His WD AGO Form 53-55 contains the following pertinent information:

* he enlisted in the Iowa Army National Guard and entered active duty on 
6 January 1941
* his military occupational specialty was 542 (Communication Sergeant)
* his unit of assignment was the 168th Infantry Regiment, 34th Division
* he served in the European Theater of Operation (ETO) from 2 March 1942 until his departure enroute to the continental United States (CONUS) on 15 June 1945
* he held the rank/grade of sergeant at the time of separation
* he was honorably discharged on 24 July 1945 after completing a total of 4 years, 7 months, and 19 days of active military service
* he served a total of 1 year, 3 months, and 14 days in CONUS
* he served a total of 3 years, 4 months, and 5 days outside CONUS

4.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Algeria and French Morocco - Tunisia North African Theater campaigns.

5.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he was awarded or authorized the American Defense Ribbon, Good Conduct Medal, and European-African-Middle Eastern (EAME) Service Medal (currently known as the EAME Campaign Medal).

6.  A query of the National Archives Records of World War II POWs (1942-1947) database shows the applicant became a POW on 17 February 1943 and was interned at the German prison camp known as Stalag 3B until he was returned to military control on or about 15 June 1945.

7.  Army Regulation 600-8-22 (Military Awards) provides for the following awards: 

	a.  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.  

	b.  The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.
	c.  A bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 29 (Battles and Campaigns) of the WD AGO Form 53-55.  This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.  

8.  Army Regulation 635-5 (Separations Documents) establishes the standardized policy for preparing and distributing discharge documents.  In pertinent part, 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 evidence of record shows the applicant was captured on 17 February 1943 and held as a POW in Germany until he was released from captivity on 
or about 15 June 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.  Records show the applicant served a qualifying period of service for award of the World War II Victory Medal.  Therefore, he is entitled to correction of his records to show this award.

3.  Records show the applicant participated in two campaigns during his service in the ETO.  Therefore, he is eligible for award of two bronze service stars to be affixed to his already-awarded EAME 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 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.  deleting the entry European-African-Middle Eastern Campaign Medal from item 33 of his WD AGO Form 53-55; 

	b.  adding the Prisoner of War Medal, World War II Victory Medal, and European-African-Middle Eastern Campaign Medal with two bronze service stars to item 33 of his WD AGO Form 53-55; and

	c.  adding to the Remarks section of his WD AGO Form 53-55 the entry "PRISONER OF WAR: 168th Infantry Regiment, 34th Division, Germany, 
17 February 1943 to on or about 15 June 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)                                         AR20130007376





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ABCMR Record of Proceedings (cont)                                         AR20130007376



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