BOARD DATE:	  30 July 2015

		DOCKET NUMBER:  AR20150008082 


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:

	a.  His status as a prisoner of war from 13 November 1944 to 4 June 1945.

	b.  The award of the Silver Star for heroic actions in September 1944.

	c.  The correction of his date of birth (DOB) from 19 April 19XX to 29 April 19XX.

2.  The applicant states, in effect:

	a.  He was a prisoner of war while serving in the U.S. Army during World 
War II.  There was a rush to separate Soldiers at the end of the war and, as a result, his internment was missed.

	b.  While serving in the 110th Infantry Regiment and during an engagement with the enemy, he performed acts of heroism which one of his officers stated had earned him a Silver Star.  His unit subsequently suffered combat losses, to include the officer who was going to recommend him for a Silver Star.  He feels that, although an award recommendation may not have been completed, his actions earned him the award of the Silver Star.

	c.  His DOB is incorrectly shown on his WD AGO Form 53-55.  It should read 29 April 19XX.
3.  The applicant provides:

* two letters from the applicant's wife to the person who assisted him with this application
* WD AGO Form 53-55
* WD AGO Form 100 (Separation Qualification Record)
* birth certificate
* news article reporting the applicant's capture
* witness statement regarding capture dated 13 November 1944
* roster of all with the applicant's last name
* two DA Forms 1577 (Authorization for Issuance of Awards)
* copy of the applicant's Department of Defense identification card
* copy of the applicant's Veterans Affairs (VA) card showing both prisoner of war status and the award of the Purple Heart
* three photos taken while the applicant was a prisoner of war
* two letters, dated 1 July 2014 and 23 June 2014 respectively, from the National Personnel Records Center, addressed to the person who assisted the applicant with this application
* postcard from the applicant addressed to a family member sent while he was a prisoner of war along with a telegram notifying the family of the applicant's status as a prisoner
* photograph of the applicant and his spouse
* photograph of medals, unit patch, identification tag, and Combat Infantryman Badge
* personal account by the applicant describing his experiences as a prisoner of war

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.  As to the applicant's request for the award of the Silver Star:

	a.  Army Regulation 600-8-22 (Military Awards), paragraph 1-14 (Time Limitation), states award recommendations must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored.  The act for which the applicant requests recognition occurred in September 1944 and is therefore beyond the 2-year limit.  

	b.  Title 10, U.S. Code, section 1130 allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy.  In order to request an award under Title 10, U.S. Code, section 1130, the applicant must submit a DA Form 638.  The DA Form 638 should clearly identify the unit, the period of assignment, and the award being recommended.  A narrative of the actions or period for which the member is requesting recognition must accompany the DA Form 638.  In addition, the award request should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request.

	c.  Title 10, U.S. Code, section 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress.  Therefore, the applicant must submit his request through a Member of Congress who will send it to the U.S. Army Human Resources Command, Army Decorations Board, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

	d.  Because the applicant has not submitted his request to the Commander, U.S. Army Human Resources Command for the award under Title 10, U.S. Code, section 1130; his application to this Board is premature.  Therefore, this portion of his request will not be further addressed in this Record of Proceedings.  

3.  His military record is not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire. However, the applicant provided sufficient documents 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 applicant.

4.  His WD AGO Form 53-55 shows the following pertinent information:

* inducted into the Army of the United States on 4 December 1942
* served in the European, African, and Middle Eastern (EAME) Theater of Operations 
* held the rank of corporal at the time of separation
* honorably discharged on 3 December 1945 after completing a total of 3 years of active military service
* served a total of 2 years and 12 days in continental U.S. (CONUS)
* served a total of 11 months and 18 days outside CONUS

5.  Additionally, his WD AGO Form 53-55 contains the following entries:

	a.  Item 10 (DOB) shows 19 April 19XX.

	b.  Item 31 (Military Qualification and Date) shows the award of the Combat Infantryman Badge effective 8 September 1944.

	c.  Item 32 (Battles and Campaigns) shows he participated in the Northern France and Rhineland campaigns.

	d.  Item 33 (Decorations and Citations) shows he was awarded or authorized:

* American Campaign Medal
* Good Conduct Medal
* Victory Medal
* Purple Heart (2nd Award)
* European-African-Middle Eastern (EAME) Campaign Medal with two bronze service stars
* one Service Stripe
* one Overseas Service Bar

	e.  Item 34 (Wounds Received in Action) states he was wounded twice in the EAME (13 November 1945 and 15 November 1945, respectively)

6.  His name appears on the WWII Prisoner of War Data File maintained by NARA for the period 7 December 1941 through 19 November 1946.  This data
file shows the applicant was:

* captured and held as a prisoner of war by Germany starting 14 November 1944
* assigned, at the time of capture, to the 110th Infantry Regiment
* held at Stalag 12A
* repatriated 4 June 1945



7.  The applicant provides:

	a.  Two DA Forms 1577, (dated 25 March 1991 and 5 May 1995, respectively), which show he was authorized the following:

* Bronze Star Medal (based upon the award of the Combat Infantryman Badge)
* Purple Heart (2nd Award)
* Good Conduct Medal
* American Campaign Medal
* European-African-Middle Eastern Campaign Medal with two bronze service stars
* World War II Victory Medal
* Combat Infantryman Badge
* Prisoner of War Medal

	b.  A WD AGO Form 100, undated, shows his DOB as 29 April 19XX.

	c.  Pictures taken during his captivity and a narrative summary describing his experiences as a prisoner of war.

	d.  Birth certificate showing his DOB as 29 April 19XX.

8.  Army Regulation 635-5 (Separations Documents) establishes the standardized policy for preparing and distributing discharge documents.  In pertinent part, it directs that, for a Soldier with prisoner of war documentation, enter "PRISONER OF WAR, (unit of assignment/country) (date of capture and release date)" in the Remarks section. 

9.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  

	a.  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.  

	b.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders for 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.

DISCUSSION AND CONCLUSIONS:

1.  Evidence clearly shows he was a prisoner of war in Germany on 14 November 1944 and he remained a prisoner of war until he was returned to U.S. military control on 4 June 1945.  Therefore, his WD AGO Form 53-55 should be corrected to show his time spent in a prisoner of war status reflected in the Remarks section of his WD AGO 53-55.  Based upon a DA Form 1577, it appears he has already been awarded the Prisoner of War Medal, and it too should be added to his WD AGO Form 53-55.

2.  Based on the fact he was awarded the Combat Infantryman Badge, he is authorized the award of the Bronze Star Medal.  In a DA Form 1577, it indicates he was also awarded this medal and it should therefore be added to his WD AGO Form 53-55.

3.  The applicant's Separation Qualification Record and birth certificate show his DOB as 29 April 19XX.  His WD AGO 53-55 should be corrected to show this DOB.

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. deleting the entry of 19 April 19XX from item 10 of his WD AGO Form 
53-55 and replacing it with 29 April 19XX;

	b.  adding the Prisoner of War Medal and the Bronze Star Medal to item 33 of his WD AGO Form 53-55; and

	c.  adding to item 55 (Remarks) of his WD AGO Form 53-55 the entry


"PRISONER OF WAR: 110th Infantry Regiment, Germany, 14 November 1944 to 4 June 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)                                         AR20150008082





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