PROCEEDINGS

	IN THE CASE OF:.

	BOARD DATE:               19 November 1998
	DOCKET NUMBER:       AC98-10750

	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	
	Mr. Hubert S. Shaw, Jr.		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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show that he was a prisoner of war.

3.  The applicant states he was a prisoner of war for six months during World War II.

4.  The applicant’s military records were destroyed or lost in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was inducted on 25 April 1944.  He served in the European-African-Middle Eastern Theater of Operations from 17 October 1944 to 5 June 1945 and was honorably discharged on 31 October 1945.

5.  The applicant WD AGO 53-55 does not show the Prisoner of War medal or his status as a prisoner of war.  The Board notes that the applicant is entitled to the Bronze Star Medal based on award of the Combat Infantryman Badge, the Arm of Occupation Medal with Germany Clasp and the World War II Victory Medal which are not shown on his discharge document.

6.  Informal coordination with the Prisoner of War Branch of the Total Army Personnel Command revealed that the applicant was captured while a member of the 334th Infantry Regiment and held as a prisoner of war by Germany from 24 November 1944 to 8 May 1945.

7.  The applicant’s WD AGO Form 53-55 shows that he was awarded the Combat Infantryman Badge.

8.  Army Regulation 600-8-22 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.

9.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  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.

10.  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 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.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility.  For Germany service must have been between 9 May 1945 and 5 May 1955.

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

CONCLUSIONS:

1.  The applicant was a prisoner of war; therefore, he is entitled to award of the Prisoner of War Medal.

2.  As a former prisoner of war, the applicant is entitled to correction of item 55 (Remarks) of his WD AGO Form 53-55 to show “Prisoner of War, 334th Infantry Regiment, Germany, 441124-450508”.  

3.  The applicant was awarded the Combat Infantryman Badge during World War II; therefore, he is entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge.

4.  The applicant served a period of qualifying service for the Army of Occupation Medal with Germany Clasp; therefore, he is entitled to correction of his records to show this award.

5.  The applicant served a period of qualifying service for award of the World War II Victory Medal; therefore, he is entitled to correction of his records to show this award.

6.  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 awarding the individual concerned the Prisoner of War Medal;

b.  by correcting his records to show award of the Prisoner of War Medal, the Bronze Star Medal based on award of the Combat Infantryman Badge, the Army of Occupation Medal with Germany Clasp and award of the World War II Victory Medal; and 

c.  by showing in item 55 (Remarks) of his WD AGO Form 53-55 the entry “Prisoner of War, 334th Infantry Regiment, Germany, 441124-450508”.

BOARD VOTE:  

FNE_____  TAP____  BJE_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON