PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           7 August 2001
	DOCKET NUMBER:   AR2001056877

	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. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Thomas B. Redfern, III		Member	
	Ms. Regan K. Smith		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 military records be corrected to show all of his awards.

3.  The applicant states, in effect, that he was a prisoner of war (POW), was wounded as such, and was discharged from the Army without his records being updated to show his awards.  He specifically contends that he is authorized the Purple Heart (PH) for wounds received while a POW.  In support of his application, he provides a copy of his Enlisted Record and Report of Separation, Honorable Discharge (WD AGO Form 53-55), a copy of his mental disorders examination from the Veterans Administration Medical Center (VAMC), Lake City, Florida, and a copy of an Army Service Forces letter dated 4 October 1945, announcing his temporary appointment to the rank of corporal.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed records and the evidence submitted by the applicant.

5.  The applicant was inducted into the Army on 17 June 1941.  He served in the American Theater from his induction to 30 June 1942, and in the European Theater of Operations (ETO) from 1 July 1942 to 17 February 1943.  During his first campaign, he was captured and detained as a POW from 18 February 1943 until his release on 12 May 1945.  He attained the rank of corporal, effective 
4 October 1945, and was honorably discharged on 6 October 1945.  He completed 4 years, 3 months and 20 days of creditable active service.

6.  The applicant’s WD AGO Form 53-55 shows that he served as a light truck driver (245) with the 202nd Military Police Company.  Item 3 and 38 shows his grade and highest grade held as private first class.  Item 33 shows no decorations or citations awarded.  Item 34 shows no wounds received in action.

7.  The VAMC mental disorders examination, provided by the applicant, contains medical information obtained as a result of interview between the applicant, his spouse, and the examining physician.  It is dated 13 November 1997 and summarizes the applicant’s general history, service history, and psychiatric history.  It also includes a mental status examination summary.  The service history portion of this examination states that the applicant was captured in February 1943 by the German Army.  During his captivity, he lost 50 pounds and was stabbed in his side with a bayonet.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the PH is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

9.  During World War II and the Korean War the PH was not awarded to soldiers who had been injured while in captivity or while being taken captive.  These injuries were considered to be the result of war crimes and not the result of a legal action of war.  War Department policy, at that time, required that wounds must have been received in action against the enemy or, in other words, incurred in actual combat.  Executive Order 11016, dated 25 April 1962, provided more latitude with respect to award of the PH to POW’s, as well as the authority to award the decoration to wounded soldiers even in the absence of a formal declaration of war.  The issue as to whether this change in policy would be implemented retroactively to POW’s from World War I, World War II, and the Korean War was considered several times.  Initially it was decided that the change in policy would not be retroactively implemented.  It was concluded that it would be inappropriate for the Department of Defense to retroactively change the standards and, in effect, countermand the decisions of the past leadership.  However, as part of the National Defense Authorization Act of 1996, Congress authorized award of the PH to any former POW who was wounded before 
25 April 1962, while held as a POW, or while being taken captive, in the same manner as a former POW who was wounded on or after that date.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Good Conduct Medal (GCM) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  The qualifying period is each 3 years completed on or after 27 August 1940 or for the first award only, 1 year served entirely during the period 
7 December 1941 to 2 March 1946.  Although there is no automatic entitlement to the GCM, disqualification must be justified.  Current practice requires the commander to provide written notice of unfavorable consideration and permit the individual to respond.

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 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service between 7 December 1941 and 2 March 1946.  Qualifying service includes permanent assignment outside the continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 
60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

13.  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.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of the European-African-Middle Eastern (EAME) Campaign Medal.  It is awarded for service in the ETO between 7 December 1941 and 8 November 1945.  One bronze service star is authorized for each campaign.  The arrowhead and service stars are authorized for wear on this medal.  The arrowhead denotes an assault landing credit and service stars denote campaign participation.  A silver service star is worn instead of five bronze service stars.

CONCLUSIONS:

1.  The applicant’s contention that he was wounded while detained as a POW is supported only by his statements to his attending physician, as recorded in the VAMC mental disorders examination.   There is no evidence of record, nor has the applicant provided any substantiating evidence to corroborate his contention. Therefore, this Board cannot grant him entitlement to the PH.

2.  The applicant was a POW in the ETO from 18 February 1943 to 12 May 1945 and is therefore entitled to award of the POW Medal.

3.  The applicant served in the ETO during a qualifying period for award of the EAME.  He participated in one campaign.  Therefore, his records should be corrected to show award of the EAME Campaign Medal with a bronze service star.

4.  The applicant served in the United States during a qualifying period and is therefore entitled to award of the American Campaign Medal.

5.  The applicant served during a qualifying period and is therefore entitled to award of the World War II Victory Medal.

6.  The applicant served on active duty for more than 4 years after 27 August 1940, of which 7 months were in combat and 2 ¼ years were as a POW.  There is no apparent evidence that any of his service was such that he should not have received a GCM.  Therefore, the Board presumes that his not receiving a GCM for his service was an oversight that should be corrected at this time.

7.  The applicant was appointed to the rank of corporal 2 days prior to his discharge.  Therefore, his records should be corrected to show that rank.

8.  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, particularly the WD AGO Form 53-55 of the individual concerned, be corrected:

a.  by showing in Item 3 and 38 his rank as corporal;

b.  by showing in Item 33 that he was awarded the POW Medal, the EAME Campaign Medal with 1 bronze service star, the American Campaign Medal, the World War II Victory Medal, and the GCM for the period from 17 June 1941 to 
16 June 1944; and

c.  by showing it Item 55 that he was a POW from 18 February 1943 to   12 May 1945.

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

BOARD VOTE:  

__MKP   _  __TBR __  __RKS__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Margaret K. Patterson__
		        CHAIRPERSON

INDEX

CASE ID	AR2001056877	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/07	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	PARTIAL GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.