IN THE CASE OF:  	  

		BOARD DATE:  13 January 2015	  

		DOCKET NUMBER:  AR20140009182 


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 the Prisoner of War (POW) Medal, Bronze Star Medal, and Purple Heart.

2.  The applicant states he is a former POW and he was awarded the Combat Infantryman Badge. 

3.  The applicant provides:

* WD AGO Form 53-55
* WD AGO Form 100 (Separation Qualification Record)
* Honorable Discharge Certificate
* Western Union Telegram
* Printout from the National Archives

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 was inducted into the Army of the United States and entered active duty on 27 June 1944.  At the time of separation, he held military occupational specialty 931 (Truck Driver, Heavy) and he was assigned to Company L, 47th Infantry Regiment, 9th Infantry Division. 

3.  His WD AGO Form 53-55 shows he departed the Continental United States (CONUS) on 16 February 1945 and he arrived in the European Theater of Operations (ETO) on 24 February 1945.  He departed the ETO on 29 April 1945 and arrived back in CONUS on 13 May 1945.

4.  He completed 1 year, 8 months, and 1 day of CONUS service and 2 months and 28 days of foreign service.  He was honorably separated on 25 May 1946.  His WD AGO Form 53-55 also shows in: 

* Item 31, Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with Carbine Bar
* Item 32 (Battles and Campaigns), he participated in the Central Europe campaign
* Item 33 (Decorations and Citations), the American Theater Ribbon, European-African-Middle Eastern Campaign Medal with bronze service star, World War II Victory Medal, and Good Conduct Medal
* Item 34 (Wounds Received in Action), the entry "Germany, 16 March 1945"

5.  He provides: 

	a.  WD AGO Form 100 (Separation Qualification Record) that shows he served as an infantryman in Europe, in a combat infantry company.  He was captured by the Germans and held as a POW for 12 days.

	b.  Western Union Telegram, dated 5 April 1945, informing his next of kin that he was missing in action in Germany since 16 March 1945. 

	c.  Western Union Telegram, dated 25 April 1945, informing his next of kin that he was returned to military control on 6 April 1945. 

	d.  A printout from the National Archives confirming he was captured by enemy forces in Germany on 16 March 1945.  He was housed at "Stalag 12A to 9B Lumburg An Der Lahn Hessen-Nassau, Prussia."  

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

	a.  The Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

	b.  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.

	c.  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.

7.  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 applicant's WD AGO Form 53-55 shows he was wounded in action in Germany on 16 March 1945.  Therefore, he is entitled to award of the Purple Heart and correction of his WD AGO Form 53-55 to show this award. 

2.  The evidence of record shows he was awarded the Combat Infantryman Badge.  Based on his entitlement to the Combat Infantryman Badge, he should be awarded the Bronze Star Medal.  He is also entitled to correction of his WD AGO Form 53-55 to show this award.



3.  The available evidence shows the applicant was captured by enemy forces and held in a POW status from on or about 16 March to 6 April 1945.  Therefore, it would be appropriate to award him the POW Medal and correct his WD AGO Form 53-55 to show his POW status and the POW 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:

* awarding him the Purple Heart for wounds received in action on 16 March 1945 during World War II
* awarding him the Bronze Star Medal for service from 24 February to
29 April 1945 during World War II
* adding to item 33 of his WD AGO Form 53-55 the Purple Heart, Bronze Star Medal, and POW Medal 
* adding to the Remarks section of his WD AGO Form 53-55 the entry "PRISONER OF WAR:  47th Infantry, 9th Infantry Division, Germany, 16 March 1945 to 6 April 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)                                         AR20140009182



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ABCMR Record of Proceedings (cont)                                         AR20140009182



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