IN THE CASE OF:	  
 
		BOARD DATE:	  30 April 2015

		DOCKET NUMBER:  AR20150004301 


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, in effect, correction of the FSM's military records by:

* showing he was promoted to a rank/pay grade higher than private first class prior to his being captured by the enemy and for time he was a prisoner
* paying him just compensation for subsequent promotion(s)
* showing all of his awarded or authorized medals

2.  The applicant states that the FSM often spoke of not receiving the promotions that he deserved.  In 2002, the FSM was convinced by the applicant's sister to seek out his promotions and benefits.  However, it was determined that none of his benefits were retroactive.  The FSM had been diagnosed with shell shock and ultimately post traumatic stress disorder (PTSD) and was no longer able to request additional assistance or benefits.  The FSM served his country proudly from 1942 to 1945 and endured severe hardship under the cruelty of his German captors.  A few years ago he received the Purple Heart but did not get any other medals.

3.  The applicant provides:

* WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge)
* A Certificate of Training for training as an anti-tank company infantryman during the period 23 February to 23 May 1942
* Notice of Classification dated 19 October 1945
* A photograph
* Western Union Telegram dated 30 March 1944 from Acting The Adjutant General stating the FSM was missing in action as of 23 February 1944
* Letter from Acting The Adjutant General stating the FSM was missing in action, dated 3 April 1944
* Western Union Telegram dated 11 June 1944 from Acting The Adjutant General stating the FSM was a prisoner of war
* Letter from the Prisoner of War Information Bureau, dated 6 January 1945 stating the FSM was interned in Stalag 7 A in Germany
* Western Union Telegram dated 12 May 1945 from The Adjutant General stating the FSM had been returned to military control and would be returned to the United States in the near future
* Western Union Telegram dated 15 May 1945 from the FSM stating he had arrived safely and expected to see his family soon
* Certificate of FSM's Death issued 15 September 2004

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

3.  The FSM's WD AGO Form 53-55 shows the following information:

	a.  he was inducted into the Army of the United States on 16 February 1942;

	b.  he served in the European Theater of Operations from 22 June 1943 to 
1 May 1945;
	c.  he participated in the following four campaigns:

* Sicily
* Naples-Foggia
* Rome-Arno
* Central Germany

	d.  he was awarded the :

* Army Good Conduct Medal
* Presidential Unit Citation
* European African Middle-Eastern (EAME) Campaign Medal
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

	e.  he held the rank of private first class and was assigned to the Army Ground Forces (AGF); and

	f.  he was honorably discharged on 12 October 1945.

4.  A review of the National Archives records revealed the FSM was captured by German forces on or about 23 February 1944.  A Western Union telegram, dated 12 May 1945, states the FSM was under military control and was returning the United States soon.

5.  Department of the Army Technical Manual 12-235 (Enlisted Personnel Discharge Procedures and Preparation of Separation Forms), in effect at the time, prescribed the procedures for preparation of separation certificates and the enlisted record and report of separation.  It provided that Item 55 (Remarks) of the WD AGO Form 53-55 was to be used to complete the preceding items shown on the form, and to include specified entries required by Army directives.  Other than an entry for the issuance of the Lapel Button, no other uniform items were authorized.

6.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The American Campaign Medal (ACM) 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.

	b.  The Purple Heart (PH) is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

	c.  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 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

	d.  The Bronze Star Medal (BSM) 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 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.

	e.  A bronze service star is authorized for wear on the EAME for participation in each campaign.

	f.  The World War II Victory Medal is awarded for service from 7 December 1941 to 31 December 1946, both dates inclusive.

	g.  The Lapel Button for service during World War II consisted of an eagle perched within a ring composed of a chief and 13 vertical strips.  Eligibility requirements are honorable Federal military service between 8 September 1939 and 31 December 1946.



7.  Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing discharge documents.  It directed 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 applicant contends that the FSM's military records should be corrected by:

* Showing he was promoted to a rank/pay grade higher than private first class prior to his being captured by the enemy and for time he was a prisoner
*  paying him just compensation for subsequent promotion(s)
* Showing all of his awarded or authorized medals, to include the PH

2.  The available documentary evidence shows the FSM held the rank of private first class during his active duty service and at the time of his discharge.  However, it does not show when he acquired this rank or whether he held it consistently throughout his period of service.  Accordingly, a determination of whether he was eligible for and wrongly denied any promotions to a higher rank cannot be made based on the limited amount of documentation available.  Therefore, that portion of the request pertaining to promotion and subsequent compensation should be denied.

3.  The applicant's comments about the FSM receiving a PH are noted.  However, there is no available documentary evidence showing he was wounded as a result of enemy action.  There are no available general orders awarding the FSM the PH.  Therefore, this medal should not be shown on his WD AGO Form 53-55.

4.  The available evidence shows the FSM served during a qualifying period for award of the AGCM and the World War II Victory Medal.  Therefore, these two medals should be shown on his WD AGO Form 53-55.

5.  The available evidence shows that the FSM was awarded the CIB for his service in the European Theater of Operations during World War II.  Accordingly, he is also entitled to award of the BSM. Therefore he should be awarded this medal for the period from 22 June 1943 to 23 February 1944.

6.  The available evidence indicates the FSM participated in four campaign periods.  Therefore, he is eligible for award of four bronze service stars to be affixed to his already-awarded European African Middle-Eastern Campaign Medal 

7.  The available evidence shows that the applicant was captured and held by the German forces as a prisoner of war from on or about 23 February 1944 to on or about 12 May 1945.  Accordingly, it would be appropriate to add the Prisoner of War Medal and his period of captivity to his WD AGO Form 53-55.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x____  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the FSM be corrected by:

	a.  awarding him the Bronze Star Medal for the period 22 June 1943 to 
23 February 1944;

	b.  adding to the remarks block of his WD AGO Form 53-55: "Prisoner of War from 23 February 1944 to 12 May 1945, in Germany (unit of assignment at the time is unavailable)"; and

	c.  showing, in addition to the awards already-shown on his WD AGO Form 53-55, that his awards include the:

* Bronze Star Medal
* Prisoner of War Medal
* American Campaign Medal
* World War II Victory Medal
* European African, Middle-Eastern Campaign Medal with four bronze service stars
* Army Lapel Button

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to promotion to a rank higher than private first class, compensation for such promotion, and showing an award of the Purple Heart.



      _______ _   _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)                                         AR20150004301





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ABCMR Record of Proceedings (cont)                                         AR20150004301



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