IN THE CASE OF:  	  

		BOARD DATE:  12 February 2015	  

		DOCKET NUMBER:  AR20140009781 


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, the daughter of a deceased former service member (FSM), requests correction of his records to show award of the:

* Purple Heart
* Prisoner of War Medal

2.  The applicant states:

* her father was captured in Germany on 16 February 1945 and he was released on 28 March 1945
* her father was wounded in battle after getting hit in the shoulder by a German grenade
* her father received the Silver Star, Bronze Star Medal, and Combat Infantryman Badge, but the Purple Heart and Prisoner of War Medal were never issued to him

3.  The applicant provides:

* FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge)
* FSM's WD AGO Form 100 (Separation Qualification Record)
* FSM's DA Form 1577 (Authorization and Issuance of Awards)
* FSM's Honorable Discharge Certificate
* Tupper Lake, NY, news article, dated 11 October 1945
* Headquarters, 8th Infantry Division, press release, dated 10 January 1945
* her New York State driver's license
* FSM's Certificate of Death
* her Certified Transcript of Birth

CONSIDERATION OF EVIDENCE:

1.  The FSM's military service and medical records are 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 the FSM's records were lost or destroyed in that fire.  This case is being considered using documents provided by the applicant and record extracts provided by NPRC.

2.  He was inducted into the Army of the United States on 29 October 1942 and he entered active duty on 15 November 1942.

3.  On 7 October 1945, the FSM was honorably discharged.  His WD AGO 
Form 53-55 shows in:

* item 31 (Military Qualification and Date) – Combat Infantryman Badge
* item 32 (Battles and Campaigns) –

*	Normandy
*	Northern France
*	Ardennes
*	Rhineland
*	Central Europe

* item 33 (Decorations and Citations) –

*	European-African-Middle Eastern Campaign Medal with five bronze service stars
*	Army Good Conduct Medal
*	Bronze Star Medal
*	Silver Star

* item 34 (Wounds Received in Action) – none
* item 36 – he arrived in the European-African-Middle Eastern theater of operations on 15 December 1943 and departed on 30 April 1945

4.  The applicant provided a copy of a Headquarters, 8th Infantry Division, press release, dated 10 January 1945, that states the FSM was actively engaged with the 1st Battalion in combat with the enemy and he was wounded in the hand by a grenade fragment.  She also provided a Tupper Lake, NY, news article, dated 11 October 1946, that states:

* the FSM was wounded in the shoulder by the explosion of a German "potato masher" grenade
* the FSM remained in the lines and he was treated at the front
* the FSM was awarded the Bronze Star Medal for the period 20 through 21 February 1945 for heroic achievement while in the vicinity of Duren, Germany
* the FSM was captured by the Germans and held prisoner

5.  The FSM's WD AGO Form 100 shows he was captured near Duren, Germany, on 16 February 1945 and he was liberated on 28 March 1945.

6.  The FSM's name is listed in Record Group 389 of the World War II Prisoners of War data file maintained by the National Archives for the period 7 December 1941 through 19 November 1946.  This data also shows the FSM was assigned to the 28th Infantry Regiment, 8th Infantry Division.  The World War II Prisoner of War data file is a list of U.S. military officers, Soldiers, and allied civilians who were prisoners of war and internees.

7.  On 17 June 1991, the U.S. Army Reserve Personnel Center (ARPERCEN), St. Louis, MO, authorized issuance of several awards, including the Army of Occupation Medal with Germany Clasp.  The DA Form 1577 completed at that time shows an oak leaf cluster for his previously-awarded Bronze Star Medal was issued based on the FSM's award of the Combat Infantryman Badge.  This form does not show award of the Purple Heart or Prisoner of War Medal.

8.  The available records are void of evidence indicating orders were published awarding the FSM the Purple Heart.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

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

	b.  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

	c.  The Bronze Star Medal 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 for award of the Bronze Star Medal.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

	d.  The Army of Occupation Medal with Germany Clasp is awarded for qualifying service between 9 May 1945 and 5 May 1955.  

	e.  The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946.

	f.  A silver service star is worn on the European-African-Middle Eastern Campaign Medal in lieu of five bronze service stars.

10.  The U.S. Army Center of Military History shows the 1st and 2nd Battalions of the 28th Infantry Regiment were awarded the Presidential Unit Citation for the Normandy campaign.

DISCUSSION AND CONCLUSIONS:

1.  Although the FSM's military records were destroyed by fire, sufficient Army records show he was wounded by enemy action and treated; therefore, he is entitled to award of the Purple Heart for injuries incurred on 10 December 1944 and correction of his WD AGO Form 53-55 to show this award.
2.  The FSM was a prisoner of war from 16 February 1945 to 28 March 1945 and he is entitled to award of the Prisoner of War Medal and correction of his WD AGO Form 53-55 to show this award.

3.  It appears the FSM’s unit was awarded the Presidential Unit Citation.

4. The FSM served a qualifying period for award of the World War II Victory Medal.  Therefore, it would be appropriate to amend his WD AGO Form 53-55 to show this award.

5.  Although personnel at ARPERCEN issued the FSM the Army of Occupation Medal with Germany Clasp, this was in error.  The FSM departed the theater of operations prior to the period of eligibility for award of the Army of Occupation Medal with Germany Clasp.

6.  ARPERCEN issued the FSM an oak leaf cluster for his Bronze Star Medal indicating a second award based on his award of the Combat Infantryman Badge.  Additionally, the Tupper Lake news article states the FSM was awarded the Bronze Star Medal for the period 20 through 21 February 1945 for heroic achievement in the vicinity of Duren, Germany.  However, records show the FSM was held as a prisoner of war during the period 16 February 1945 to 28 March 1945 and could not have participated in action during the period 20 through 21 February 1945.  Regrettably, there is insufficient evidence in the available records to determine the reason for award of the Bronze Star Medal currently shown on the FSM's WD AGO Form 53-55 or to award a second Bronze Star Medal based on his award of the Combat Infantryman Badge.

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:

* awarding the FSM the Purple Heart for injuries incurred in combat against enemy action on 10 December 1944
* deleting award of the European-African-Middle Eastern Campaign Medal with five bronze service stars from his WD AGO Form 53-33
* adding the following awards to his WD AGO Form 53-55 –

*	Purple Heart
*	Prisoner of War Medal
*	European-African-Middle Eastern Campaign Medal with one silver service star
*	World War II Victory Medal
*	Presidential Unit Citation



      ____________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)                                         AR20140009781



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ABCMR Record of Proceedings (cont)                                         AR20140009781



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