PROCEEDINGS

	IN THE CASE OF:            

	BOARD DATE:                 23 January 2001
	DOCKET NUMBER:        AR2000040355

	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	
	Ms. Antoinette Farley .		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Thomas E. O'Shaughnessy		Member	
	Mr. Walter T. Morrison		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, award of the Prisoner of War (POW) Medal. 

3.  The applicant states, in essence, that he “was not awarded the POW status”.  He also claims that he was rescued from his German captors and was sent to a field hospital in North Africa and then to a hospital in Italy.  In support of his case he submits a Veterans Administration Form 10-0048 (Former POW Medical History) listing, where he indicates that he was captured then held prisoner by German soldiers for a short period of time in February 1943, apparently while he was in Tunisia.  

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from partially reconstructed personnel records.  These records show that he was inducted into the Army of the United States (AUS) on 24 August 1942.  It appears that he first served as a Light Weapons Infantryman, then was reclassified into military occupational specialty (MOS) 014 (Mechanic Automotive Wheel Vehicle (Second Echelon)).  He was transferred overseas to Africa arriving on 
21 February 1943.  He then served in Sicily and in Italy.  Upon his return to the United States on 30 September 1945, he was assigned to Fort Lewis, Washington, for separation processing.  

5.  On 13 October 1945, the applicant was separated from active duty for demobilization, with an honorable discharge.  He had completed a total of 
3 years, 1 month and 6 days of creditable active service.  His rank at the time of separation was Technician 4th Class. 

6.  The applicant’s WD AGO Form 53-55, item 32 (Campaigns) shows that he participated in the Tunisian, Sicilian, Naples-Foggia, Rome-Arno and the Po Valley campaigns.  On the same form, Item 33 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) completed at the time of separation, shows that he was awarded the European-African-Middle Eastern (EAME) Theater Service Medal (now the EAME Campaign Medal), the Good Conduct Medal, the Distinguished Unit Citation, the Combat Infantryman Badge and was issued the World War II “Lapel Button”.

7.  There is no evidence of record or on his separation document that he was ever a prisoner of war during World War II.  Also, the applicant’s name is not listed on the record of World War II prisoners of war.

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 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.

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, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  That same regulation provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

12.  Army Regulation 635-5 provides that item 32 shows the battles and campaigns and item 33 of the WD AGO 53-55 will reflect decorations, medals, badges, citations, and campaign ribbons awarded or authorized for all periods of service.  A DD Form 215 (Correction to DD Form 214 (the successor document to the WD AGO 53-55)) will be issued to show corrections and/or additions to these items.  

CONCLUSIONS:

1.  The applicant’s military records and other evidence submitted does not show that he was ever a prisoner of war and therefore he is not authorized the award of the POW Medal.

2.  Even though his medical records are not available, there are no entries on his WD AGO Form 53-55, in item 34 (Wounds received in action), showing that he received any combat related injuries while in World War II.  

3.  However, other evidence of record shows that the applicant was awarded the CIB during World War II.  Therefore he is entitled to award of the BSM. 

4.  Further, the applicant served more than 3 years between 1941 and 1946, therefore he is entitled to the World War II Victory Medal.  Additionally, since the applicant participated in five campaigns during World War II while in the European Theater of Operations, he is entitled to a wear a silver service star on his EAME Campaign Medal.  

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215 to correct the WD AGO Form 53-55, issued to him on 13 October 1945:

a.  by showing that the individual concerned is entitled to the award of the BSM, based upon the award of the CIB; 

b.  by showing that he is entitled to the award of the World War II Victory Medal; and  

c.  by showing that he was entitled to the award of one silver service star to be worn on his EAME Campaign Medal.

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

BOARD VOTE:  

__lls ____  ___teo __  ___wtm__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		                   Luther L. Santiful                  
		        CHAIRPERSON

INDEX

CASE ID	AR2000040540	
SUFFIX		
RECON		
DATE BOARDED	20010123	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451013	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON	Demobilization	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	A	
2.	A	
3.	A	
4.		
5.		
6.