BOARD DATE: 28 June 2011 DOCKET NUMBER: AR20100030220 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, the son of a deceased former service member (FSM), requests issuance of a DD Form 215 (Correction to DD Form 214) showing his father was awarded the Prisoner of War (POW) Medal. 2. The applicant states his father was recently awarded the POW Medal and requests a DD Form 215 be issued. 3. The applicant provides copies of the FSM's Certificate of Death, citation for the Bronze Star Medal, DD Form 2510 (Prisoner of War (POW) Medal Application/Information), dated 25 October 1988, portions of a letter, dated 24 July 1945, subject: Battle Participation Credit, an unidentified typewritten extract identifying the FSM and relating to his military service, his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), and a letter from the National Personnel Records Center, dated 14 July 2010. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The FSM's military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, sufficient information is available to render a full and impartial review. 3. The available evidence shows the FSM enlisted in the Army on 2 July 1940. 4. His WD AGO Form 53-55 shows in: * Item 32 (Battles and Campaigns) Northern France, Ardennes, Rhineland, and Central Europe * Item 33 (Awards and Citations) the Purple Heart Medal, Good Conduct Ribbon, American Defense Service Ribbon, European-African-Middle Eastern Theater Ribbon with one silver battle star, and seven overseas service bars * Item 34 (Wounds Received in Action) that he was wounded in action in Germany 15 April 1945 5. He was separated on 19 June 1945. 6. Army Regulation 600-8-22 (Military Awards) states 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 after 5 April 1917. The POW Medal is to be issued only to those U.S. military personnel and other personnel granted creditable U.S. military service who were taken prisoner and held captive: * while engaged in an action against an enemy of the United States * while engaged in military operations involving conflict with an opposing foreign force * while serving with friendly forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party * by foreign armed forces that are hostile to the United States, under circumstances which the Secretary concerned finds to have been comparable to those under which persons have generally been held captive by enemy armed forces during periods of armed conflict 7. The applicant provides a letter from the National Personnel Records Center, date 14 June 2010. This letter lists the POW Medal as one of the awards authorized for shipment to the applicant. The letter does not award the medal. The basis for that agency's decision to ship the medal is not included in the letter. 8. The applicant also provides a copy of a DD Form 2510, dated 25 October 1988. Item 8 (Date Confined as POW) shows 15 April 1945. Item 10 (Date Released as POW) shows 18 April 1945. Item 11 (Additional Information) states "Imprisoned in a German Field Hospital near Lipseg. Recaptured by the 3d armor division." The copy provided is a POW Medal Application. There is no available evidence that the application was granted. 9. There is no evidence in the applicant's military personnel records that shows he was in a POW status. 10. A search of the National Archives and Records Administration Access to Archival Databases - World War II, POW data files failed to show the applicant's name listed as a POW. DISCUSSION AND CONCLUSIONS: 1. The applicant requests a DD Form 215 be issued showing his father was awarded the POW Medal. 2. While the evidence clearly shows the FSM served overseas in WWII and was wounded in action, there is no evidence of record and the applicant provides insufficient evidence to show he was in a POW status at any time during his military service. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x__ __x_____ _____x___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___________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) AR20090008471 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100030220 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1