MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           13 March 2001                   
	DOCKET NUMBER:   AR2000045501

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		                         Director	
	Mr. Edmund P. Mercanti		                         Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Donald P. Hupman		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his military records be corrected to show that he was a prisoner of war (POW) until 4 April 1945 instead of late March 1945.

APPLICANT STATES:  That a telegram from the Army to his mother confirms he was a POW until 4 April 1945.  He submits a copy of that telegram in support of his application.

EVIDENCE OF RECORD:  The applicant’s military records were not provided to the Board and are presumed to have been destroyed in the fire at the records repository in 1973.  However, the applicant furnished the Board a copy of his separation documents.  These documents show that he was inducted on 23 November 1943, served as an infantryman and then as a communication chief.  He served in the Ardennes, Rhineland, and Central European Campaigns and was awarded the Combat Infantryman Badge and the European-African-Middle Eastern Campaign Medal.  He was honorably released from active duty on 25 October 1945 with a Certificate of Disability for Discharge.

While the applicant’s military records are presumed to have been destroyed, his health records were located and provided to the Board.  These records show that he was taken prisoner on 3 January 1945 and was returned to military control on 27 March 1945.  It is shown that he was first diagnosed with and treated for malnutrition on 29 March 1945 and admitted to a military hospital on 3 April 1945.

Army Regulation 600-8-22 provides the guidance for Army awards and decorations.  In this regulation several awards and decorations are provided specifically for service during WWII which were enacted subsequent to the demobilization of WWII.  These WWII specific provisions include award of the Bronze Star Medal 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 where such achievement or service, during the period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge is considered to be a citation in orders.  This means, in effect, that the Bronze Star Medals were awarded to individuals who were authorized the CIB for service during WWII.

Another WWII specific award is the WWII Victory Medal which is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive, and the Honorable Service Lapel Button.

Another retroactive provision of law, although not specific to WWII, is the award of the Prisoner of War (POW) Medal.  The governing regulation states that while the POW Medal was authorized by law on 8 November 1985, its provisions are retroactive and applies to individuals who in past armed conflicts were taken prisoner or held captive.
DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  It would appear that the applicant was liberated from his German captors on 27 March 1945, he was taken to a field hospital where he was initially treated on 29 March 1945, and then he was transported to a military hospital where he was admitted on 3 April 1945.

2.  As such, the telegram submitted by the applicant had been intended to inform his mother that he had been liberated from captivity and had been hospitalized on 3 April 1945.  While it is unfortunate that the telegram was poorly worded, the applicant’s medical records clearly show that he was captured on 3 January 1945 and liberated from his POW status on 27 March 1945.

3.  Notwithstanding the preceding conclusions, the applicant is entitled to the WWII Victory Medal, the Honorable Service Lapel Button, the Bronze Star Medal, and the POW Medal.  However, these awards are administrative in nature and do not require the authority of the Board.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  The Army Review Boards Agency, St. Louis, Missouri, will be requested to issue the applicant a correction to his separation document showing the WWII Victory Medal, the Honorable Service Lapel Button, the Bronze Star Medal, and the POW Medal.  Additionally, the period of his captivity as a POW from 3 January 1945 to 27 March 1945 should also be shown.
 
BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__jh_____  ___jtm __  ____dph_  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000045501	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010313	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.