IN THE CASE OF:	  

		BOARD DATE:	  3 February 2015

		DOCKET NUMBER:  AR20140009249 


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 award of the Prisoner of War (POW) Medal.

2.  The applicant states:

* he was held as a POW during World War II
* his record shows his POW status, but it does not reflect the POW Medal
* he never received the POW Medal

3.  The applicant provides:

* WD AGO Form 53-55
* WD AGO Form 100 (Separation Qualification Record)
* correspondence from Members of Congress
* WD Form 572 (Final Payment – Work Sheet)
* copies of a journal
* Western Union telegrams
* documentation pertaining to his POW status

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 complete military records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant was inducted into the Army of the United States on 19 January 1943 and he entered active duty on 26 January 1943.  He arrived in the European theater of operations (ETO) on 20 October 1944.

4.  Western Union telegrams show the applicant:

* was reported missing in action in France in December 1944
* was a POW of the German government on 28 April 1945
* returned to U.S. military control in May 1945

5.  His WD AGO Form 100 shows he was POW for 5 months.

6.  He departed the ETO on 14 June 1945 and he was honorably discharged on 28 November 1945.

7.  His WD AGO Form 53-55 shows he was awarded or authorized the:

* American Service Medal (currently known as the American Campaign Medal)
* Army Good Conduct Medal
* World War II Victory Medal
* European-African-Middle Eastern (EAME) Campaign Medal
* Combat Infantryman Badge



8.  His WD AGO Form 53-55 also shows:

* his organization at the time of separation was the 398th Infantry Regiment, 100th Division
* he participated in one campaign (Central Europe) in item 32 (Battles and Campaigns)

9.  Information obtained from the applicant's stepdaughter via an email/
Congressional inquiry, dated 15 September 2014, indicates the applicant died on 14 September 2014.

10.  Army Regulation 600-45 (Decorations), effective 13 October 1949, provided that the Bronze Star Medal was 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 for award of the Bronze Star Medal.  This means, in effect, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

11.  Army Regulation 600-8-22 (Military Awards) states the POW 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 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 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

12.  Army Regulation 600-8-22 authorizes a bronze service star based on qualifying service for each campaign listed in appendix B or listed in item 32 of the WD AGO Form 53-55.

13.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows awards and citations authorized for units that served during World War II.  This pamphlet shows the 398th Infantry Regiment, 100th Infantry Division, was credited with occupation of Germany for the period 2 May-31 October 1945.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows he was a POW in Germany during World War II (December 1944 to May 1945); therefore, his WD AGO Form 53-55 should be corrected to show award of the POW Medal.

2.  Based on award of the Combat Infantryman Badge, he was authorized award of the Bronze Star Medal.  Therefore, he should be awarded the Bronze Star Medal and his WD AGO Form 53-55 should be corrected to show this award.

3.  He participated in one campaign during World War II which authorizes one bronze service star with 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 is 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.  posthumously awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge,

	b.  deleting award of the EAME Campaign Medal from his WD AGO 
Form 53-55,





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

* Bronze Star Medal
* POW Medal
* EAME Campaign Medal with one bronze service star

	d.  issuing the medals to his stepdaughter.



      ______________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)                                         AR20140009249



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ABCMR Record of Proceedings (cont)                                         AR20140009249



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