PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            30 SEPTEMBER 2003  
	DOCKET NUMBER:   AR2003083478

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Margaret V. Thompson		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 reconsideration of a previous application to correct his military records to show he was a Prisoner of War (POW).

3.  The applicant submits as new evidence a 17 August 1944 Company Morning Reports showing his status changing from duty to missing in action, and a           15 November 1944 Company Morning Report showing his being returned to duty from being missing in action.  He also submits a statement from a former soldier who was in his unit who was also captured, escaped, but was later recaptured and was sent to a German POW camp.

4.  The Memorandum of Consideration (MOC) of the Board’s 10 November 1999 review of the case (AR1999022020) is incorporated herein by reference as if wholly set forth.

5.  The applicant’s submission is new evidence that requires Board consideration.

6.  The applicant was separated on 11 November 1945, under the provisions of Army Regulation 615-365, for demobilization.  His WD AGO Form 53-55, indicates he was awarded the European-African- Middle Eastern Theater Ribbon with 1 Silver Battle Star, the Good Conduct Medal, the Victory Medal for World War II, 2 Overseas Service Bars, the Combat Infantryman Badge, and the Marksmanship Badge with carbine. 

7.  A member of the staff of the Board conducted a records review of the historical files of Company C, 320th Infantry Regiment, 35th Infantry Division, at the National Archives which included the POW files and the Evade and Capture files at the National Archives.  The staff member discovered an Evade and Capture Report, dated 26 August 1944, that shows that the applicant was a POW and had successfully escaped.

8.  The POW Medal was authorized on 8 November 1985 and is awarded to individuals who in armed conflicts are taken prisoner or held captive, and include World War I, World War II, the Korean War, the Vietnam Conflict, and the Persian Gulf War conflicts.  

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is to be awarded to individuals who were authorized the Combat Infantryman Badge or the Combat Medical Badge for service during World     War II.  

CONCLUSIONS:

1.  Evidence shows the applicant had been missing in action from August to November 1944.  However, the 26 August 1944, Evade and Capture file confirms that the applicant had been captured by the enemy, but managed to escape.  His records should be corrected accordingly.

2.  The Board also notes that the applicant is entitled to the Bronze Star Medal, by virtue of his being awarded the Combat Infantryman Badge.

3.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would rectify and injustice.  

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected: 

a.  by showing that the applicant was a Prisoner of War, and by awarding him the POW Medal; and 

	b.  by showing he is entitled to the Bronze Star Medal.

BOARD VOTE:

__RJW__  ___MHM_  __MVT__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond J. Wagner___
		        CHAIRPERSON

INDEX

CASE ID	AR2003083478	
SUFFIX		
RECON	20030930	
DATE BOARDED		
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	130.00	
2.		
3.		
4.		
5.		
6.