IN THE CASE OF:	  

		BOARD DATE:	  8 January 2015

		DOCKET NUMBER:  AR20140009413 


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 that his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) be corrected to show his award of the Prisoner of War (POW) Medal. 

2.  The applicant states that he desires his award of the POW Medal be reflected on his records.

3.  The applicant provides a copy of his WD AGO Form 53-55 and DA Form 1577 (Authorization for Issuance of awards).

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

3.  The applicant was inducted on 13 March 1944.  He completed his training and arrived in the European Theater of Operations (ETO) on 10 October 1944.  He participated in the Ardennes, Central Europe, Northern France, and Rhineland Campaigns.  He was captured and was a POW from 7 April to 19 April 1945.

4.  He departed the ETO on 2 May 1945 and was transferred to Fort Dix, New Jersey where he was honorably discharged on 11 April 1946.  His WD AGO Form 53-55 shows that he was awarded the Combat Infantryman Badge (CIB), American Campaign Medal, European-African-Middle Eastern Campaign Medal with four bronze service stars, Distinguished Unit Badge (now known as the Presidential Unit Citation), and the World War II Victory Medal.  Item 55 (Remarks) does not indicate he was a POW.

5.  On 26 May 1989, the U.S. Army Reserve Personnel Center issued a DA Form 1577 for issuance of the POW Medal.

6.  On 9 February 1990, the U.S. Army Reserve Personnel Center issued a DA Form 1577 for issuance of the Bronze Star Medal based on his award of the CIB.

7.  On 26 August 1999, the U.S. Army Reserve Personnel Center issued a DA Form 1577 for issuance of the Good Conduct Medal.

8.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal (BSM) 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.

9.  Army Regulation 600-8-22 states 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

10.  Army Regulation 635-8 (Separation Processing and Documents) currently establishes the standardized policy for preparing and distributing discharge documents.  It directs that, in the case of POWs, 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 limited available records show that the applicant was a POW in the ETO for the period 7 April to 19 April 1945 and that he was subsequently issued a POW Medal.  Accordingly, he is entitled to have that information added to his WD AGO Form 53-55.

2.  He was awarded the BSM based on his award of the CIB and is entitled to have that award added to his DD Form 214.

3.  Additionally, he was issued the Army Good Conduct Medal and it should be added to his DD Form 214.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Adding the awards of the POW Medal, BSM, and Army Good Conduct Medal to his WD AGO Form 53-55
* Adding the entry “POW ETO 7 April to 19 April 1945” to item 55 of his WD AGO Form 53-55

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during World War II are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   __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)                                         AR20140009413





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ABCMR Record of Proceedings (cont)                                         AR20140009413



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