PROCEEDINGS

	IN THE CASE OF:

	BOARD DATE:  6 February 2001
	DOCKET NUMBER:  AR2000045798

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Thomas Lanyi		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, that item 36 (Service Outside Continental US and Return/Date of Departure/Date of Arrival) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show “6 Jun 45” as his date of departure to the US instead of “6 Jan 45” and “12 Jun 45” as his date of arrival to the US instead of “12 Jan 45”.

3.  The applicant states that the dates for his departure and return to the US are incorrect because he was a Prisoner of War (POW) during that time.  He also states the he was captured on 17 December 1944 and was freed on or about 8 May 1945.  In support of his application he submits a copy of his WD AGO Form 53-55.

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 18 February 1943 as a light truck driver (345).  He served in the European-African-Middle Eastern Theater of Operations from 24 October 1944 to 28 April 1945 and was honorably discharged on 18 November 1945.

5.  Item 36 of the applicant’s WD AGO Form 53-55 shows the entry “6 Jan 45” as the date of departure to the US and the entry “12 Jan 45” as the date of arrival to the US.  Item 36 also shows the date of departure for the European Theater of Operation as 17 October 1944 and the date of arrival as 24 October 1944. 

6.  Item 37 (Total Length of Service/Foreign Service) of the applicant’s WD AGO Form 53-55 shows the entry “0 years 7 months 26 days”.

7.  The Total Army Personnel Command (PERSCOM) has provided evidence that shows that the applicant was captured and held as a POW during World War II from 21 December 1944 to 9 May 1945.  PERSCOM also indicated that the POW listing had no information concerning the date the applicant returned to the US.

8.  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. 

9.  The applicant’s WD AGO Form 53-55 shows that he was awarded the 
American Campaign Medal, the European-African-Middle Eastern Campaign Medal with two bronze service stars, the Purple Heart, the World War II Victory Medal, One Overseas Service Bar, the Driver and Mechanic Badge with Operator Bar, the Combat Infantryman Badge (CIB) and the Expert Qualification Badge with Rifle Bar.

10.  The Board notes that the applicant is eligible for the World War II Victory Medal which is not shown on his discharge document.
11.  The Board notes that the applicant’s discharge document shows that he was awarded the Combat Infantryman Badge.  There is no evidence that the applicant was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge.

12.  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.

13.  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.  The evidence of record shows that he completed 7 months and 26 days of foreign service and departed on 17 October 1944 for the European Theater of Operations.  Based on the calculation of his foreign service and departure from the European Theater of Operations, his date of departure to the US is 6 June 1945 and the date of arrival is 12 June 1945.  Therefore, he is entitled to correction of item 36 of his WD AGO Form 53-55 to show the entry “6 Jun 45” instead of the entry “6 Jan 45” as his date of departure for the US and “12 Jun 45” instead of the entry “12 Jan 45” as his date of arrival to the US.

2.  The evidence or record shows that he was a POW from 21 December 1944 to 9 May 1945.  Therefore, he is entitled to correction of item 55 (Remarks) of his
WD AGO Form 53-55 to show his length of service as a POW from 21 December 1944 to 9 May 1945.

3.  The applicant is entitled to an award of the POW Medal.  Therefore, he is entitled to correction of his records to show this award.

4.  The evidence of record also shows the applicant is entitled to the Bronze Star Medal based on award of the CIB; 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.
5.  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 for the individual concerned be corrected:

a.  by showing the entry “6 Jun 45” as the date of departure from Europe and the entry “12 Jun 45” as the date of arrival to the US in item 36 on the WD AGO Form 53-55;

	b.  by showing the entry “Prisoner of War 21 December 1944 to 9 May 1945” in item 55 (Remarks) on the WD AGO Form 53-55; and

	c.  by showing in item 33 (Awards and Decorations) that he was awarded the POW Medal and the Bronze Star Medal based on award of the Combat Infantryman Badge.

BOARD VOTE:  

__ro____  ___tl___  ___wm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond V. O’Connor, Jr.____
		        CHAIRPERSON

INDEX

CASE ID	AR2000045798	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010206	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451118	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON		
BOARD DECISION	GRANT/DENY	
REVIEW AUTHORITY		
ISSUES         1.  1021		
2.  316/46		
3.		
4.		
5.		
6.