IN THE CASE OF:  	  

		BOARD DATE:  25 November 2014	  

		DOCKET NUMBER:  AR20140003133 


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, the son of a deceased former service member (FSM), requests that his father be awarded the following medals.  He further requests that the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation) dated 9 December 1945 be corrected to show these awards:

* Purple Heart
* Bronze Star Medal
* Prisoner of War Medal

2.  The applicant states:

	a.  Block 34 (Wounds Received in Action) on the FSM's WD AGO Form 53-55 dated 9 December 1945 shows he was wounded in Germany on 15 April 1945.

	b.  The Purple Heart is not shown in block 33 (Decorations and Citations) of the FSM's WD AGO Form 53-55 and his father never received the award.

	c.  Block 31 (Military Qualification and Date) on the FSM's WD AGO Form      53-55 dated 31 March 1947 shows he qualified for the Medical Badge which is currently known as the Combat Medical Badge.

	d.  Receipt of the Combat Medical Badge entitles World War II Soldiers to the Bronze Star Medal.

	e.  The FSM is authorized the Prisoner of War Medal.

3.  The applicant provides:

* Certificate of Death
* WD AGO Form 53-55 dated 9 December 1945
* WD AGO Form 53-55 dated 9 March 1947
* Western Union Notification dated 7 May 1947
* World War II Prisoner of War Data File dated 27 November 2013
* Register Form for Recovered Allied Prisoners of War
* Western Union Notification (Undated)
* Information from "Find A Grave Memorial" dated 26 November 2013

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 Official Military Personnel File is not available.  Information contained these proceedings was provided by the applicant.

3.  The FSM was inducted into the Army of the United States on 23 October 1942.  He departed the United States en-route to the European Theater of Operations on 19 September 1944.

4.  Register Form for Recovered Allied Prisoners of War shows that the FSM was captured in Langfeld, Germany on 15 April 1945 and that he was returned to military control on 26 April 1945.

5.  Western Union notification dated 7 May 1945 shows that the FSM's mother was notified that he had been missing in action in Germany since 16 April 1945.

6.  The FSM departed the European Theater of Operations and arrived in the United States on 24 May 1945.  He was honorably discharged on 9 December 1945.  His WD AGO Form 53-55 shows the following awards:

* European-African-Middle Eastern Theater Ribbon with two bronze service stars
* Medical Badge
* Meritorious Service Unit Plaque
* World War II Victory Medal
* American Theater Ribbon
* Good Conduct Medal

7.  Block 34 of the FSM's WD AGO Form 53-55 also shows he was wounded in action in Germany on 15 April 1945.

8.  The available records show that the FSM enlisted in the Regular Army on 10 December 1945.  He was honorably discharged on 9 March 1947 at the expiration of his term of service.

9.  Section 521a of the National Defense Authorization Act of 1996 authorized award of the Purple Heart to any former prisoner of war who was wounded before 25 April 1962 while held as a prisoner of war or while being taken captive, in the same manner as a former prisoner of war who was wounded on or after that date.  Section 521b specifically stated that award of the Purple Heart for prisoners of war under Section 521a shall be made in accordance with the standards in effect on the date of the enactment of this Act to persons wounded on or after 25 April 1962.

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

	a.  The Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal 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 Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

	b.  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.  The Prisoner of War 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 an 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 an 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

11.  Army Regulation 635-8 (Separation Processing and Documents 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.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  The available evidence shows the FSM is authorized the Purple Heart, the Bronze Star Medal, and the Prisoner of War Medal and his WD AGO Form 53-55 should be amended 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:

	a.  Awarding him the Purple Heart for wounds sustained as a result of hostile action by enemy forces on 15 April 1945.

	b.  Awarding him the Bronze Star Medal based on his award of the Combat Medical Badge.

	c.  Amending block 33 on his WD AGO Form 53-55 dated 9 December 1945 to add the Purple Heart, the Bronze Star Medal, and the Prisoner of War Medal.




      _______ _   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)                                         AR20140003133





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140003133



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1