PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            17 August 2000                  
	DOCKET NUMBER:    AR2000035649

	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. Carl W. S. Chun		Director	
	Mr. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Ms. Sherri V. Ward		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Linda D. Simmons		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, on behalf of her deceased husband, the former service Member (FSM), that his records reflect that he was a prisoner of war (POW).

3.  The applicant states that the FSM was a POW during World War II and that she has the POW Medal but she would like the POW status noted on the FSM’s Enlisted Record and Report of Separation (WD AGO Form 53-55).

4.  The FSM’s military records show he was inducted on 19 May 1943 and served as a rifleman with the Company A, 406th Infantry, 102nd Infantry Division in the European Theater of Operation from September 1944 to June 1945.  During the period 21 November 1944 to 2 May 1945 he was a German POW.  Following repatriation and return to the States, he was honorably discharged on 5 November 1945 in the grade of private first class.  He died on 22 May 1988.

5.  Awards reflected on his WD AGO Form 53-55 are the European-African- Middle Eastern Campaign Medal with One Battle Star, the Combat Infantryman Badge and the World War II Honorable Service Lapel Button.  The POW Medal was awarded on 12 July 1988.

6.  Technical Manual 12-235, Preparation of Separation Forms, the guidance in effect at the time of the FSM’s separation, makes no provision for indicating the period of POW captivity on the WD AGO Form 53-55.  It provides that item 55 (remarks) of the form will be used for the entry of items specified in the manual or entry of other items specified in Department of the Army directives.

7.  Army Regulation 635-5, Personnel Separations, the successor regulatory guidance for the preparation of separation forms, provides for recording POW status, the soldier’s unit at the time of capture and the period of captivity.

8.  Subsequent to the cessation of hostilities during World War II, the regulation governing the award of the Bronze Star Medal was changed, in part, to provide for the award of this decoration to those individuals who had been awarded the Combat Infantryman Badge for meritorious achievement in ground combat against the armed enemy between 7 December 1941 and 2 September 1945.

9.  The awards regulation also provides, in pertinent part, that the Good Conduct 

Medal is awarded on a selective basis to soldiers who distinguish themselves from among their fellow soldiers by their exemplary conduct, efficiency and fidelity throughout a specified period of continuous enlisted active Federal military service.

10.  The American Campaign Medal is authorized for service in the American Theater between 7 December 1941 and 2 March 1946; and, the World War II Victory Medal for service between 7 December 1941 and 31 December 1946.

CONCLUSIONS:

1.  As an exception to policy, it would be appropriate to reflect the FSM’s German POW status from 21 November 1944 to 2 May 1945 on his separation form.

2.  Additionally, since the FSM was awarded the Combat Infantryman Badge, he is entitled to award of the Bronze Star Medal under the revised rules noted above for this award.  And, in consideration of the period of his honorable World War II service, he is also authorized several service awards, namely the Good Conduct Medal, the American Campaign Medal and the World War II Victory Medal, which are not currently shown in his records.

3.  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:

	a.  showing that the individual concerned was a member of Company A, 406th Infantry Regiment, 102nd Infantry Division and was a German POW from     21 November 1944 to 2 May 1945;

	b.  showing that he was awarded the Bronze Star Medal, the Good Conduct Medal (for the period 19 May 1943 to 5 November 1945), the American Campaign Medal and the World War II Victory Medal;

	c.  issuing a correction to the FSM’s WD AGO Form 53-55 to the applicant reflecting the above mentioned changes; and

	d.  issuing the above mentioned awards to the applicant.

BOARD VOTE:  

__svw __  ___mhm_  ___lds___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Sherri V. Ward___
		        CHAIRPERSON

INDEX

CASE ID	AR2000035649	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000817	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.  110.00		
3.  130.00		
4.		
5.		
6.