IN THE CASE OF:	  

		BOARD DATE:	  10 February 2014

		DOCKET NUMBER:  AR20140010289 


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 the records of his deceased brother, a former service member (FSM), be corrected by awarding him the Prisoner of War (POW) Medal and correcting his WD AGO Form 53-55 (Military Record and Report of Separation – Certificate of Service) to show he was interned as a POW.

2.  The applicant states, in effect, that the FSM was a POW in Moosburg, Germany from 20 January to 29 April 1945; however, he was not awarded the POW Medal and his WD AGO Form 53-55 does not reflect his time as a POW. 

3.  The applicant provides copies of the FSM’s WD AGO Form 53-55, Certificate of Death, obituary, an article written by the FSM, a letter from the FSM while he was a POW, a newspaper article, photographs, a page from the FSM’s enlisted record, and the FSM’s Certificate of Service. 

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 FSM'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 FSM's records were lost or destroyed in that fire.  However, the documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.

3.  The FSM enlisted on 15 February 1941. He completed his training and then completed Infantry Officer Candidate School at Fort Benning, Georgia before being discharged on 11 May 1942 to accept a commission. 

4.  He was commissioned as a second lieutenant in the Army of the United States on 12 May 1942.  He departed for the European-African-Middle Eastern (EAME) Theater of Operations (EAMETO) on 5 April 1943.

5.  He participated in the Normandy, Rhineland, Northern France and Central Europe Campaigns.  He was serving with the 2nd Battalion, 314th Infantry Regiment when he was captured and interned as a POW by German forces in Moosburg, Germany during the period 20 January to 29 April 1945.

6.  He departed the EAMETO on 7 June 1945 and was transferred to Bruns General Hospital in Santa Fe, New Mexico where he remained until he was honorably discharged in the rank of major on 2 July 1946.  His WD AGO Form 53-55 issued at the time of his discharge shows he was awarded the EAME Ribbon, World War II Victory Medal, Purple Heart with one oak leaf cluster and the American Theater Ribbon.  It makes no mention of his being interned as a POW.

7.  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 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

8.  Army Regulation 635-8 (Separation Processing and Documents) establishes the standardized policy for preparing and distributing discharge documents.  It directs that, in the case of prisoners of war, 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 FSM was serving with the 2nd Battalion, 314th Infantry Regiment when he was captured and interned by German Forces as a POW from 20 January to 29 April 1945. 

2.  Accordingly, the FSM is entitled to be awarded the POW Medal and to have it entered on his WD AGO Form 53-55.

3.  Additionally, his WD AGO Form 53-55 should be corrected by adding to item 44 (Remarks) of his WD AGO Form 53-55 the entry “POW 2nd Battalion, 314th  Infantry Regiment, Moosburg Germany 20 January to 29 April 1945.”

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 




adding the POW Medal to his WD AGO Form 53-55 and adding the entry “POW 2nd Battalion, 314th Infantry Regiment, Moosburg Germany  20 January to 
29 April 1945” to item 44 of his WD AGO Form 53-55.



      _______ _   _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)                                         AR20140010289





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ABCMR Record of Proceedings (cont)                                         AR20140010289



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