PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           16 October 2001 
	DOCKET NUMBER:   AR2001061414

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Donald P. Hupman		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 that his discharge document be corrected to show he was a Prisoner of War (POW) during World War II and any awards or decorations to which he may be entitled.

3.  The applicant states that he was a POW for 26 ½ months.  He contends that he was captured in Africa, moved to Italy and then taken to Germany.  In support of his application, he submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation); VA Form 21-4138 (Statement in Support of Claim), dated 12 May 2000; a letter, dated 16 August 2001, from the Client Information and Quality Assurance of the Review Boards Agency; letters, dated 20 July 2001 and 31 July 2001, from a Member of Congress; and VA Form 
70-3101 (Request for Information), dated 29 November 1988.       

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show the applicant was inducted on 
22 October 1941.  He served as a pioneer in the European Theater of Operations from 13 May 1942 to 5 June 1945 and was honorably discharged on 13 October 1945.  

5.  The applicant’s WD AGO Form 53-55 does not show that he was a POW.

6.  The applicant’s name is listed in the Adjutant General’s Roster of Prisoners of War which was compiled in 1950.  This document shows that the applicant was a POW from 17 February 1943 to 3 May 1945 in Germany. 

7.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that, in the case of prisoners of war, the unit of assignment, country and dates of capture and release will be entered in the “Remarks” section of the discharge document.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Prisoner of War (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 provides, in pertinent part, for award of the American Defense Service Medal for service within the American Theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater 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.
  
11.  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.

CONCLUSIONS:

1.  The applicant was a POW from 17 February 1943 to 3 May 1945.  Therefore, the applicant is entitled to correction of item 55 (Remarks) to show his POW status.  

2.  The applicant is also entitled to award of the POW Medal and correction of his military records to show this award.  

3.  The applicant served a period of qualifying service for entitlement to the American Defense Service Medal, the American Campaign Medal and the World War II Victory Medal.  Therefore, he is entitled to correction of his military records to show these awards.

4.  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:

	a.  by adding the entry “Prisoner of War, 168th Infantry Regiment, Germany, 430217-450503” in item 55 (Remarks) on the WD AGO Form 53-55 of the individual concerned; and

	b.  by adding the entries “Prisoner of War Medal”, “American Defense Service Medal”, “American Campaign Medal” and “World War II Victory Medal” in item 33 (Decorations and Citations) on his WD AGO Form 53-55.     

BOARD VOTE:  

RVO____  DPH____  RKS____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor_
		        CHAIRPERSON

INDEX

CASE ID	AR2001061414	
SUFFIX		
RECON		
DATE BOARDED	20011016	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	107.0029	
2.	107.0061	
3.	107.0063	
4.	107.0066	
5.		
6.