PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                15 February 2000
	DOCKET NUMBER:       AR1999028051

	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.  

	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Fred Eichorn		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Roger Able		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, in effect, that his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show his length of time as
a Prisoner of War (POW). 

3.  The applicant states that his records show that he was a POW for eighteen
days.  He also states that a fellow member of his unit was a POW for one month and that they were captured together and escaped on the same day.  In support of his application he submits a copy of his WD AGO Form 53-55 and a copy of a fellow soldier’s WD AGO Form 100 (Separation Qualification Record) he contends was captured and escaped with him.

4.  The applicant’s military records were lost or destroyed 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 30 July 1942.
He served in the European-African-Middle Eastern Theater of Operations from 7 July 1944 to 5 January 1945 and was honorably discharged on 26 February 1946.

5.  The applicant’s WD AGO Form 53-55, which was authenticated in his own hand, does not show his length of time as a POW.  Item 13 (Title-Description-Related Civilian Occupation) of the applicant’s WD AGO Form 100 (Separation Qualification Record), shows the entry “Was captured by enemy forces 12 Sept 1944 and escaped to Switzerland 29 Sept 1944”.

6.  The applicant’s WD AGO Form 53-55 shows that he was awarded one Overseas Service Bar, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal with one bronze battle star, the Good Conduct Medal, the World War II Victory Medal, the Distinguished Unit Citation and the Combat Infantryman Badge.

7.  The applicant’s WD AGO Form 53-55 does not show the POW Medal as an authorized award and does not show his length of time as a POW.

8.  A DA Form 1577 (Authorization for Issuance of Awards), dated 29 June 1988, shows the Army Reserve Personnel Center in St. Louis, Missouri, determined the applicant was entitled to the POW Medal.

9.  The Board noted the applicant’s discharge document shows he was awarded the CIB.  There is no evidence the applicant was awarded the Bronze Star Medal based on award of the CIB.

10.  Based on regulation, in effect at the time, there is no authority for entering
the number of days as a POW on the applicant’s WD AGO Form 53-55.  

11.  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.

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 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.

CONCLUSIONS:

1.  Evidence or record shows that he was a POW from 12 September 1944 to
29 September 1944 (eighteen days).  However, in accordance with regulation in effect at that time, there is no authority for entering the number of days that the applicant was a POW.  Therefore, the applicant is not entitled to correction of his WD AGO Form 53-55 to show the number of days as a POW.

2.  The applicant was awarded the POW Medal; therefore, he is entitled to
correction of his records to show the POW Medal.

3.  Evidence of record shows the applicant is entitled to the Bronze Star Medal based on award of the Combat Infantryman Badge; however, this award was not shown on his discharge document.  Therefore, he is entitled to correction of his records to show the award of the Bronze Star Medal based on award of the CIB.

4.  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 by showing in item 33 (Decorations and Citations) of his WD AGO Form 53-55 that the individual concerned was awarded the Prisoner of War (POW) Medal and the Bronze Star Medal based on award of the Combat Infantryman Badge.

BOARD VOTE:  

FE______  KAK_____  RA_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Fred Eichorn__________
		        CHAIRPERSON

INDEX

CASE ID	AR1999028051	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000215	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19460226	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  75		
2.  60		
3.		
4.		
5.		
6.