IN THE CASE OF: BOARD DATE: 14 August 2008 DOCKET NUMBER: AR20080011200 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests reconsideration of the Army Board for Correction of Military Records (ABCMR) denial of his request to show his status as a former prisoner of war and to be awarded the Prisoner of War Medal. 2. The applicant also requests that the suffix Jr. (junior) be removed from his name. 3. The applicant states he received his Prisoner of War Medal in 1988 and was just recently awarded prisoner of war compensation for his time as a prisoner of war. 4. The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) with a date of separation of 1 May 1946, his Honorable Discharge Certificate, a letter from the War Claims Commission, a letter from the Secretary of the Army, a letter from the War Department, two Western Union telegrams from the Secretary of War, one Western Union telegram from the Chief of Staff of the Army, and page one of his Department of Veterans Affairs (VA) Rating Decision of 4 June 2008 in support of his request. CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080001019 on 11 June 2008. 2. In the original findings, the ABCMR determined there was no evidence showing the applicant was a prisoner of war during World War II. 3. The letter from the War Claims Commission, the letter from the Secretary of the Army, the letter from the War Department, the two Western Union telegrams from the Secretary of War, the Western Union telegram from the Chief of Staff of the Army, and the page from his VA Rating Decision of 4 June 2008 are new evidence which require that his case be reconsidered by the ABCMR. 4. The National Archives World War II Prisoners of War Data File lists the applicant as having been captured on 16 April 1945. Germany is listed as the detaining power. 5. The Western Union telegrams from the Secretary of War, dated 30 April 1945 and 17 May 1945, notified the applicant's mother he was missing in action in Germany since 16 April 1945 and of his return to military control on 7 May 1945. 6. A letter from the War Department, dated 1 May 1945, was a follow up to the telegram notifying the applicant's mother that he was missing in action effective 16 April 1945. 7. A Western Union telegram from the Chief of Staff of the Army, dated 5 June 1945, notified the applicant's mother that he was being returned to the U.S. in the near future. 8. A letter from the War Claims Commission, Washington DC, dated 29 August 1951, awarded the applicant the sum of $17.00 to cover his period of imprisonment and/or internment from 16 April to 2 May 1945. 9. A letter from the Secretary of the Army, dated 19 May 1988, forwarded the Prisoner of War Medal to the applicant. 10. Page 1 of the applicant's VA Rating Decision, dated 4 June 2008, indicated that the VA's records show the applicant was a prisoner of war in Germany from 16 April 1945 to 1 May 1945. 11. The applicant’s military records are not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that the applicant’s records were lost or destroyed in that fire. 12. All documents submitted by the applicant identify him with the suffix Jr. The National Archives World War II Prisoners of War Data File also identifies the applicant with the suffix Jr. 13. The applicant's records show that he is entitled to additional awards, which he did not request and are not listed on his WD AGO 53-55. 14. The applicant's WD AGO 53-55 shows he was awarded the Medical Badge (now known as the Combat Medical Badge) and the Bronze Star Medal. 15. The War Claims Act of 1948 created the War Claims Commission to adjudicate claims and pay out compensation to American prisoners of war and civilian internees of World War II. 16. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Prisoner of War Medal. The regulation states that the Prisoner of War Medal was authorized on 8 November 1985, and is authorized for any person who, while serving in any capacity with the U.S. Armed Forces, was taken prisoner and held captive after 5 April 1917. 17. Army Regulation 635-5 (Separation Documents), currently in effect, establishes the standardized policy for preparing and distributing discharge documents. In pertinent part, it directs that, for a Soldier with prisoner of war documentation, the entry "PRISONER OF WAR, (unit of assignment/country) (date of capture and release date" will be entered in the “Remarks” section of the discharge document. 18. Army Regulation 672-5-1 (Military Awards), in effect at the time, provides, in pertinent part, that the Medical Badge was awarded to a member of the Army Medical Service (colonels and below) who had satisfactorily performed medical duties subsequent to 6 December 1941 while assigned or attached to a medical unit of an infantry unit of brigade, regimental or smaller size, or as a member of the medical platoon of an infantry or airborne brigade headquarters company, during any period the infantry unit was engaged in active ground combat. Battle participation credit was not sufficient; the infantry unit must have been in contact with the enemy. Change 13, dated 18 May 1966, to Army Regulation 672-5-1 changed the title of the Medical Badge to the Combat Medical Badge. However, the eligibility requirements for the award remained the same. 19. 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. This provision did not go into effect until 10 September 1947. 20. Army Regulation 600-8-22 provides, in pertinent part, that an Oak Leaf Cluster is issued to denote award of a second and succeeding awards of decorations (other than the Air Medal) and unit awards. DISCUSSION AND CONCLUSIONS: 1. The applicant contends his WD AGO 53-55 should be corrected to show his status as a prisoner of war during World War II. 2. The letter from the War Claims Commission and the National Archives World War II Prisoners of War Data File confirm the applicant was a prisoner of war during World War II and the detaining power was Germany. 3. The letter from the War Claims Commission confirms the applicant was held as a prisoner from 16 April 1945 to 2 May 1945. 4. Therefore, it is appropriate to correct the applicant's WD AGO 53-55 to show he is entitled to the Prisoner of War Medal. In addition, his WD AGO 53-55 should be annotated to include the entry, “PRISONER OF WAR, Germany, 16 April 1945 - 2 May 1945” in the remarks section. 5. Although the applicant's WD AGO 53-55 shows he was awarded the Bronze Star Medal, he was discharged prior to the provision that authorized award of the Bronze Star Medal based on the award of the Combat Medical Badge. Therefore, he is entitled to the award of the Bronze Star Medal based on the award of the Combat Medical Badge and it is appropriate to amend his WD AGO 53-55 to show he was awarded the Bronze Star Medal with One Oak Leaf Cluster. 6. All documents submitted by the applicant and the National Archives World War II Prisoners of War Data File identify him with the suffix Jr. The applicant's original record of induction, showing the name under which he was inducted, is not available due to his records being lost in the fire in St. Louis. Therefore, there is insufficient evidence by which a correction could be made to the applicant's name in his military records. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___X____ ____X___ ___X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR AR20080001019, dated 11 June 2008. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant's WD AGO 53-55 to show he was awarded the Prisoner of War Medal. 2. The Board also recommends that the entry "PRISONER OF WAR, Germany, 16 April 1945 - 2 May 1945" be entered in the remarks section on the applicant's WD AGO 53-55. 3. The Board further recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Bronze Star Medal with One Oak Leaf Cluster based on award of the Combat Medical Badge. 4. The Board also determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the removal of the suffix Jr. from the applicant's name. ___________X___________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20080011200 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080011200 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1