PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                19 November 1998
	DOCKET NUMBER:        AC98-11637

	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 records to show prisoner of war status at Stalag 12A and 2A.

3.  The applicant states that his prisoner of war status is not shown on his discharge.

4.  The applicant’s military records show he was inducted on 29 October 1943 and completed training as an infantryman.  He served in the European Theater of Operations from 30 June 1944 to 15 June 1945 and was honorably discharged on 30 September 1945.

5.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) does not show award of the Prisoner of War Medal or prisoner of war status.  The Board notes the applicant is entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge and the World War II Victory Medal and is entitled to correction of item 38 (Highest Grade Held) to show “Corporal” instead of “PVT” [Private].

6.  The applicant’s records show that he was a member of the 358th Infantry Regiment when he became a prisoner of Germany on 23 November 1944.  Records also indicate that he was held as a prisoner of war until 29 April 1945.

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

8.  Army Service Forces letter, dated 27 September 1945, shows the applicant was temporarily appointed to “CORPORAL” based on his prisoner of war status.

9.  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.

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 World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

12.  The applicant is entitled to correction of 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.

CONCLUSIONS:

1.  The applicant was a prisoner of war; therefore, he is entitled to award of the Prisoner of War Medal and correction of his records to show this award.

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, 358th Infantry Regiment, Germany, 441123-450429”.  

3.  The Board noted the applicant’s request to list the locations where he was held as a prisoner of war on his discharge document; however, regulation does not provide for entry of this information.  Therefore, this portion of the applicant’s request is denied.

4.  The applicant is entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge; therefore, he is entitled to correction of his records to show this award.

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

6.  Evidence of record shows that the applicant’s highest grade held was “Corporal”; therefore, he is entitled to correction of item 38 of his WD AGO Form 53-55 to show “CORPORAL”.

7.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  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, and award of the World War II Victory Medal;

c.  by showing in item 55 (Remarks) of his WD AGO Form 53-55 the entry “Prisoner of War, 358th Infantry Regiment, Germany, 441123-450429”; and

d.  by showing in item 38 (Remarks) of his WD AGO Form 53-55 that his highest grade held was “CORPORAL”.

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

FNE____  TAP_____  BJE____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON