IN THE CASE OF:	  

		BOARD DATE:	  13 November 2014

		DOCKET NUMBER:  AR20140005577 


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 Service) to show the Prisoner of War (POW) Medal and two awards of the Bronze Star Medal.

2.  The applicant states he is a former POW and he received two awards of the Bronze Star Medal.  His WD AGO Form 53-55 does not reflect the mentioned awards. 

3.  The applicant provides:

* WD AGO Form 53-55
* WD AGO Form 100 (Separation Qualification Record)
* Honorable Discharge Certificate
* Two certificates showing two awards of the Bronze Star Medal

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 available records show he enlisted in the Regular Army and entered active duty in New York City, NY on 10 August 1943.  He was trained in and held military occupational specialty (MOS) 745 (Rifleman). 

3.  His WD AGO Form 53-55 shows he departed the Continental United States (CONUS) on 22 October 1944 and he arrived in the European Theater of Operations (ETO) on 3 November 1944.  He departed the ETO on an unknown date and arrived back in CONUS on 19 July 1945.

4.  He completed 1 year, 5 months, and 19 days of CONUS service and 8 months and 27 days of foreign service.  He was honorably discharged with a Certificate of Disability Discharge on 25 October 1945. 

5.  Item 31 of his WD AGO Form 53-55 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).

6.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Rhineland, Central Europe, and Ardennes campaigns during World War II.

7.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows the:

* Purple Heart
* European-African-Middle Eastern Campaign Medal with three bronze service stars
* French Citation
* Good Conduct Medal 

8.  Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 contains the entry "2 February 1945, Germany."

9.  His available records contain and/or show: 

	a.  Letter Orders, issued by Headquarters, 289th Infantry, on 17 September 1946, awarded him the Combat Infantryman Badge effective 11 January 1945.  He was a member of Company L, 289th Infantry Regiment, 75th Division.  

	b.  Multiple Battle Casualty Reports as well as a WD AGO Form 100 (Separation Qualification Record) confirming he was in a POW status from 2 February 1945 to 26 April 1945. 

	c.  Letter Orders, issued by Headquarters, Department of the Army on 27 November 1959, awarded him the Bronze Star Medal for exemplary conduct in ground combat against an armed enemy on 11 January 1945 in the ETO, while a member of the 289th Infantry Regiment.  This award is based on award of the Combat Infantryman Badge. 

10.  He provides two certificates: 

	a.  A certificate, dated 27 November 1959, showing award of the Bronze Star Medal for meritorious achievement in ground operations against the enemy in the ETO on or about 11 January 1945. 

	b.  A certificate, dated 8 March 1991, showing award of the Bronze Star Medal for meritorious achievement in ground combat against an armed enemy in the ETO during World War II. 

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

	a.  The Bronze Star Medal is awarded to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Combat Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.  An oak leaf cluster designates a second or a subsequent award of the Bronze Star Medal.

	b.  The POW Medal was authorized on 8 November 1985 and it is awarded to individuals who in past armed conflicts were taken prisoner or held captive.

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

	d.  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.

12.  Army Regulation 635-8 (Separations Documents), currently in effect, 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 of the DD Form 214 (Certificate of Release or Discharge from Active Duty).

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was in a POW status from 2 February 1945 to 26 April 1945 while a member of Company L, 289th Infantry Regiment, 75th Division.  This is evidenced by the multiple Battle Casualty Reports as well as his WD AGO Form 100 confirming he was in a POW status. Therefore, it would be appropriate to award him the POW Medal, correct his WD AGO Form 53-55 to show his POW status and the POW Medal. 

2.  The evidence of record shows he was awarded the Combat Infantryman Badge.  This badge is not shown on his WD AGO Form 53-55.  He is entitled to correction of his WD AGO Form 53-55 to show this award.

3.  The applicant served a qualifying period of service for award of the American Campaign Medal and World War II Victory Medal.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show these awards. 

4.  With respect to the Bronze Star Medal: 

	a.  Letter Orders, issued by Headquarters, Department of the Army on 27 November 1959, awarded him the Bronze Star Medal for exemplary conduct in ground combat against an armed enemy on 11 January 1945 in the ETO, while a member of the 289th Infantry Regiment.  This award is based on award of the Combat Infantryman Badge. 

	b.  He provides a certificate, dated 8 March 1991, showing award of the Bronze Star Medal for meritorious achievement in ground combat against an armed enemy in the ETO during World War II.  This award appears to be a duplicate award and for the same service during World War II. 

	c.  Although there is insufficient evidence to show he was awarded two distinct awards of the Bronze Star Medal, he is still entitled to correction of his WD AGO Form 53-55 to show the one award of the Bronze Star Medal. 



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* adding to item 31 of his WD AGO Form 53-55 the Combat Infantryman Badge
* adding to item 33 of his WD AGO Form 53-55 the Bronze Star Medal, POW Medal, World War II Victory Medal, and American Campaign Medal 
* adding to the Remarks section of his WD AGO Form 53-55 the entry "PRISONER OF WAR: 289th Infantry, Germany, 2 February 1945 to 26 April 1945 "

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to a second award of the Bronze Star 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)                                         AR20140005577





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ABCMR Record of Proceedings (cont)                                         AR20140005577



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