BOARD DATE:	 11 March 2014 

		DOCKET NUMBER:  AR20130012599 


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 the WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) of her late father, a former service member (FSM), to show award of the Silver Star.

2.  The applicant states:

   a.  She grew up with her father's medals and upon investigating his records she noticed it listed the European-African-Middle Eastern Campaign Medal with one silver service star.  In reading some of his records she noticed there was no mention of gallantry in action in Normandy.  She found General Orders (GO) Number 45 which awarded him the Silver Star.  Her father died in 1992 having never talked too much about the war.  It was very hard for any of these heroes to talk about something that devastated all.  

   b.  She is trying to have her father's records corrected for future generations that may be researching his records.  She feels her father's records should reflect the honor which was bestowed upon him.  The greatest generation is disappearing every day and she wants to preserve her father's legacy for future generations.  She just wants her father's highest award, the Silver Star, added to his record.

3.  The applicant provides copies of the second page of GO Number 45, the FSM's WD AGO Form 53-55 and U.S. Social Security Death Index, and her birth 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 FSM’s complete military records are not available to the Board for review. A fire destroyed approximately 16 million service members’ records at the National Personnel Records Center in 1973.  It is believed his records were destroyed in that fire.  However, there was sufficient documentation in a reconstructed file and those submitted by the applicant for the Board to conduct a fair and impartial review of this case.

3.  The FSM’s available military records show he was inducted into the Army of the United States on 19 August 1941 and he held military occupational specialty 604 (machine gun noncommissioned officer).  He served in the European Theater of Operations from 28 October 1942 through 1 June 1945.  He was assigned to Company K, 16th Infantry Regiment, 1st Infantry Division.

4.  The FSM's available record contains a copy of GO Number 45, issued by Headquarters, 1st U.S. Infantry Division, dated 22 July 1944, awarding the FSM the Silver Star for gallantry in action on 6 June 1944 in Normandy.  

5.  The FSM was honorably discharged on 7 September 1945.  His WD AGO     Form 53-55 lists in:

* Item 31 (Military Qualification and Date) – Combat Infantryman Badge
* Item 33 (Decorations and Citations) – European-African-Middle-Eastern Campaign Medal with one silver service star, American Defense Service Medal, Purple Heart, and Army Good Conduct Medal 
* Item 55 (Remarks) – Honorable Lapel Button


6.  On 27 February 1991, a DD Form 215 (Correction of DD Form 214, Certificate of Release or Discharge from Active Duty) was issued adding the Bronze Star Medal to the FSM's 1945 WD AGO Form 53-55.

7.  The U.S. National Archives and Records Administration World War II Prisoners of War Data File lists the FSM as captured in Germany and held as a prisoner of war (POW) from 23 November 1944 to on or about 1 June 1945.  

8.  Army Regulation 600-8-22 (Military Awards) states:

   a.  The POW Medal was authorized on 8 November 1985 and is awarded to individuals who were taken prisoner or held captive in past armed conflicts after 5 April 1917.  The POW Medal is to be issued only to those U.S. military personnel and other personnel granted creditable U.S. military service who were taken prisoner and held captive:

* while engaged in action against an enemy of the United States
* while engaged in military operations involving conflict with an opposing foreign force
* while serving with friendly forces engaged in armed conflict against an opposing armed force in which the United States is not a belligerent party
* by foreign armed forces that are hostile to the United States under circumstances which the Secretary concerned finds to have been comparable to those under which persons have generally been held captive by enemy armed forces during periods of armed conflict

   b.  The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

   c.  The American Campaign Medal is awarded for service within the American Theater between 7 December 1941 and 2 March 1946 outside the continental limits of the United States for a period of 30 consecutive days or 60 nonconsecutive days.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 3d Battalion, 16th Infantry (of which K Company was a part) was awarded the Distinguished Unit Citation (currently known as the Presidential Unit Citation) for action on 16 – 26 November 1944.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing discharge documents.  It directed that in the case of POWs, the unit of assignment, country, and dates of capture and release would be entered in the "Remarks" section of the discharge document.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the FSM the Silver Star for gallantry in action on 6 June 1944 in Normandy.  His unit was also awarded the Presidential Unit Citation during a period he was assigned to the unit.  Therefore, his WD AGO Form 53-55 should be corrected to show these awards.

2.  The evidence of record also shows the FSM was held as a POW in Germany from 23 November 1944 to on or about 1 June 1945.  Therefore, he met the criteria for award of the POW Medal and should have this award added to his WD AGO Form 53-55.

3.  Additionally, it is also appropriate to correct his WD AGO Form 53-55 to show he was a POW from 23 November 1944 to on or about 1 June 1945.  In accordance with regulatory guidance, the entry "Prisoner of War, Company K, 16th Infantry" should be annotated in the remarks section of his WD AGO Form 53-55.  

4.  The FSM completed a qualifying period of service for award of the World War II Victory Medal and American Campaign Medal.  Therefore, his WD AGO Form 53-55 should be corrected to show these awards. 

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:

* adding the entry, "Prisoner of War, Company K, 16th Infantry Regiment, Germany, 23 November 1944 to on or about 1 June 1945" to item 55 (Remarks) of his WD AGO Form 53-55

* adding to his WD AGO Form 53-55 the following awards:

* Silver Star
* Prisoner of War Medal
* World War II Victory Medal
* American Campaign Medal
* Presidential Unit Citation



      _______ _ 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)                                         AR20130012599



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ABCMR Record of Proceedings (cont)                                         AR20130012599



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