IN THE CASE OF: BOARD DATE: 5 January 2016 DOCKET NUMBER: AR20150004290 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 daughter of a deceased former service member (FSM), requests correction of the FSM's record to show he was awarded the Purple Heart and the Prisoner of War (POW) Medal. She further requests the issuance of replacement medal sets. 2. The applicant states, in effect, the FSM was wounded in action and this was recorded in his records. However, the National Personnel Records Center (NPRC) will not provide a Purple Heart medal set and has stated there is no evidence to show the FSM was awarded the Purple Heart. 3. The applicant provides: * her State of Minnesota Certificate of Live Birth * the FSM’s Death Certificate * the FSM’s WD AGO Form 100 (Army Separation Qualification Record) * a true and extract copy of the FSM's WD AGO 53-55 (Enlistment Record and Report of Separation - Honorable Discharge), certified with raised seal, which was made from an official record on file at the MN Department of Veterans Affairs (VA) * the FSM's Honorable Discharge Certificate * a letter from the NPRC, dated 31 March 2014 * a letter from the Polk County, WI Veterans Service Office (VSO), dated 2 March 2015 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 the FSM’s records were lost or destroyed in that fire. The majority of the records available to the ABCMR were provided by the applicant and are sufficient for the Board to conduct a fair and impartial review of this case. 3. The true and extract copy of the FSM's WD AGO Form 53-55 shows he was awarded the Purple Heart for wounds he received in action at Aachen, Germany on 12 October 1944. As such, the FSM's WD AGO Form 53-55 does not require correction to reflect this award. 4. The true and extract copy of the WD AGO Form 53-55 further shows: a. The FSM enlisted in the Regular Army on 5 October 1942 and held military occupational specialty 745 (Rifleman). The highest rank he attained while serving on active duty was private first class (PFC). b. The FSM left the continental United States (CONUS) on 10 September 1944 and arrived in the European Theater of Operations (ETO) on 17 September 1945. He served in Germany as a rifleman and was assigned to Company E, 96th Infantry Regiment, 1st Division (the unit information is a hand written entry and is unclear). c. The FSM was wounded in action in Aachen, Germany on 12 October 1944. d. The FSM departed the ETO on 3 May 1945 and arrived in CONUS on 4 May 1945. e. The FSM was awarded or authorized the Purple Heart, the Army Good Conduct Medal, the European-African-Middle Eastern (EAME) Campaign Medal, Expert Marksmanship Qualification Badge, and Service Lapel Button. f. The FSM was honorably discharged on 8 September 1945 and was issued a certificate of disability. 5. The FSM's WD AGO Form 100 shows he became a POW after being wounded. 6. The National Archives World War II (WWII) POW Data File, 7 December 1941 to 19 November 1946, lists the FSM as having been captured in the European Theater in Germany. His grade at the time of capture is listed as private first class and Germany is listed as the detaining power. The FSM was later returned to military control, liberated, or repatriated on or about 29 November 1944; however, the exact dates of his capture and release are unknown. 7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The POW Medal 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. The POW Medal will only be awarded when the individual’s prisoner of war status has been officially confirmed and recognized as such by the Department of the Army. b. The WWII Victory Medal is awarded for service between December 1941 and 31 December 1946, both dates inclusive. c. The American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946. Qualifying service for this campaign medal includes: permanent assignment outside the continental United States (CONUS) but within the American Theater of Operations; duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days; duty outside the CONUS as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days; active combat against the enemy when awarded a combat decoration or furnished a certificate by a corps commander or higher; or service within CONUS for an aggregate period of one year. 8. Army Regulation 635-5 (Separations Documents) establishes the standardized policy for preparing and distributing discharge documents. It directs that for a Soldier with POW documentation, enter "PRISONER OF WAR (unit of assignment/country) (date of capture and release date)" in the Remarks section. DISCUSSION AND CONCLUSIONS: 1. The FSM's WD AGO Form 100 and the National Archives WWII POW Data File show the FSM was held by the Germans as a POW. The applicant's exact unit of assignment and his dates in captivity cannot be accurately determined based on the available evidence. However, it is reasonable to conclude he was in a POW status from at least 12 October 1944 to 29 November 1944. Further, the evidence shows he met the criteria for award of POW Medal as stipulated in Army Regulation 600-8-22. 2. The FSM served a qualifying period of service for award of the WWII Victory Medal and the American Campaign Medal; however, these service awards are not listed on his WD AGO Form 53-55. BOARD VOTE: ___x____ ___x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. Awarding the FSM the Prisoner of War Medal for the period 12 October 1944 to 29 November 1944; b. Amending item 33 of the FSM's WD AGO Form 53-55 by adding the Prisoner of War Medal, the World War II Victory Medal, and the American Campaign Medal; and c. Amending item 55 (Remarks) of the FSM's WD AGO Form 53-55 by adding the entry "PRISONER OF WAR: Germany, 12 October 1944 to 29 November 1944." 2. Additionally, as a separate administrative item, a replacement Purple Heart medal set will be ordered and shipped to the applicant's address as provided on her application. ____________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) AR20150004290 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004290 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1