BOARD DATE:	  29 January 2015

		DOCKET NUMBER:  AR20140009727 


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 during World War II (WWII).

2.  The applicant states that although he was a POW, the medal was never awarded.

3.  The applicant provides his WD AGO Form 53-55 (Army Separation Qualifiction Record), page two of WD AGO 100, and a page from the U.S. National Archives and Records Administration's WWII POW Data File.

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.  His military record is not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents available to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records which primarily consist of the applicant's WD AGO Form 53-55 and other documents provided by the NPRC.

3.  His WD AGO Form 53-55 contains the following pertinent information:

* he was inducted into the Army of the United States on 5 May 1943 and and entered active duty on 12 May 1943
* his military occupational specialty was 607 (Light Mortar Crewman)
* his unit of assignment was Company B, 315th Infantry Regiment
* he served in the European Theater of Operation from 24 May 1944 until his departure to the continental United States (CONUS) on 21 April 1945
* he was honorably discharged on 11 December 1945 after completing a total of 2 years, 6 months and 5 days of active military service
* he served a total of 1 year, 6 months and 6 days in CONUS
* he served a total of 11 months and 22 days outside CONUS

4.  Item 31 (Military Qualifications and Date) of his WD AGO 53-55 shows he was awarded the Combat Infantryman Badge (CIB) and Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

5.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Normandy, Northern France, Rhineland, and Central Europe campaigns.

6.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he was awarded or authorized the Good Conduct Medal, "American Service Medal," European-African-Middle Eastern (EAME) Service Medal (currently known as the EAME Campaign Medal) with four bronze service stars, Purple Heart, and WWII Victory Medal.

7.  Item 23 (Additional Information) of his WD AGO 100, shows he was a POW from 19 January 1945 to on or about 2 April 1945.

8.  He submitted a query of the National Archives Records of World War II POWs (1942-1947) database which shows the applicant became a POW on 17 January 1945 and was interned at the German prison camp known as Stalag 12A until he was returned to military control on or about 2 April 1945.


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

	b.  The Bronze Star Medal (BSM) 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 CIB or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the BSM is to be awarded to individuals who were authorized either badge for service during World War II.

	c.  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.

10.  Army Regulation 635-5 (Separations Documents) at the time established 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was captured on 17 January 1945 and held as a POW in Prussia until he was released from captivity on or about 2 April 1945.  Therefore, he is entitled to correction of his records to show award of the POW Medal and the duration of his internment as a POW.

2.  The available evidence shows the applicant served a qualifying period of service for award of the BSM based upon award of the CIB.  Therefore, he is entitled to correction of his record to show this award.

3.  The applicant served in CONUS for an aggregate of one year; therefore, his records should be corrected to show award of the American 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 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 Bronze Star Medal based on award of the Combat Infantryman Badge;

	b.  adding to item 33 of  his WD AGO Form 5-55 the Prisoner of War Medal, Bronze Star Medal and American Campaign Medal; and

	c.  adding to item 55 (Remarks) of his WD AGO Form 53-55 the entry "PRISONER OF WAR:  315th Infantry Regiment, 34th Division, Germany, 
17 January 1945 to on or about 2 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)                                         AR20140009727





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ABCMR Record of Proceedings (cont)                                         AR20140009727



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