PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            19 November 1998                  
	DOCKET NUMBER:   AC98-09266

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Ms. Barbara J. Ellis		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests award of the Prisoner of War (POW) Medal.

3.  The applicant states, in effect, he was wounded and captured during World War II, but never received the POW Medal.   The Veterans of Foreign Wars, as counsel for the applicant, supports the applicant’s request for the POW Medal.

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant was inducted on
15 August 1942.  He served as a medical corpsman attached to the Medical Detachment, 502nd Parachute Infantry, in the European Theater of Operations from 22 February 1944 through 19 May 1945.  He was separated with an honorable discharge on 1 December 1945.   

5.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) does not show the POW Medal as an authorized award.

6.  The Board notes the applicant is entitled to the World War II Victory Medal, the Combat Medical Badge, the Bronze Star Medal (BSM), based on award of the Combat Medical Badge, and the American Campaign Medal which are also not shown on the WD AGO Form 53-55.  

7.   The applicant provided WD AGO Form 100 (Separation Qualification Record) which shows he was in a POW status for 9 months. 

8.  The applicant’s WD AGO Form 53-55 shows he was awarded the Purple Heart for wounds sustained in action on 5 September 1944 while serving as a medical corpsman in the European Theater of Operations.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the POW Medal.  The regulation states that 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.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy.

12.  Army Regulation 600-8-22 also provides, in pertinent part, that 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 such 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.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service between 7 December 1941 and 2 March 1946.  Qualifying service includes permanent assignment outside the continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

14.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214 (WD AGO Form 53-55).  In pertinent part, it directs that the unit of assignment, country and dates of capture and release will be entered in the “Remarks” section of the DD Form 214 (WD AGO Form 53-55).

CONCLUSIONS:

1.  Evidence of record shows the applicant was a POW; therefore, he is entitled to correction of his military records to show award of the POW Medal.

2.  The applicant is entitled to the World War II Victory Medal because he served on active duty during the qualifying period of service.  Therefore, he is entitled to correction of his military records to show this award. 

3.  Evidence of record shows the applicant met the qualifications for award of the Combat Medical Badge.  Based on award of the Combat Medical Badge, he is entitled to the BSM.  Therefore, he is entitled to correction of his military records to show these awards.

4.  Evidence of record shows the applicant met the qualifications for award of  the American Campaign Medal; therefore, he is entitled to correction of his military records to show this award.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

     a.  by showing that the individual concerned was awarded the POW Medal, the World War II Victory Medal, the Combat Medical Badge, the BSM (based on award of the Combat Medical Badge) and the American Campaign Medal; and

     b.  by showing in item 55 (Remarks) of the WD AGO Form 53-55 “Prisoner of War, 502nd Parachute Infantry, Germany, 9 months (dates unavailable). “

BOARD VOTE:  

FNE_____  TAP_____  BJE____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON