IN THE CASE OF: BOARD DATE: 28 January 2016 DOCKET NUMBER: AR20150004850 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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show: * his rank as sergeant (SGT) * he qualified with the Browning automatic rifle, M1 rifle, the .30 and .50  caliber machine gun, and award of the Parachutist Badge * he participated in Operation Shingle-Anzio * award of the Purple Heart (2nd Award) for wounds sustained on 22 January 1944 2. He states he was field promoted to SGT while he was in Sicily with the 1st Ranger Battalion. He was a SGT during his entire time as a prisoner of war (POW). At the time of his discharge, he challenged his rank of private first class (PFC), but because documentation could not be located it was not pursued. His WD AGO Form 53-55 does not list all his awards and qualifications. He received shrapnel wounds on 22 January 1944 when an artillery round exploded behind him on the beach during the amphibious landing of Operation Shingle. He later received a second Purple Heart for being a POW. 3. The applicant provides: * WD AGO Form 53-55 * Sixth Service Command letter, dated 7 January 1946 * two documents from the International Committee of the Red Cross (ICRC), dated 12 June 2013 * Copy of a post-card, dated 26 November 1944 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 applicant's military records are not available to the ABCMR 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, there were sufficient documents contained in his reconstructed file for the ABCMR to conduct a fair and impartial review of this case. 3. The applicant's records show he was inducted into the Army of the United States on 2 February 1943. He served in military occupational specialty (MOS) 745 (Rifleman). 4. His Final Payment Worksheet from 15 October to 27 October 1945 lists his grade as PFC. 5. He was honorably discharged on 17 November 1945 and credited with completing 2 years, 9 months, and 16 days of active duty service. His WD AGO 53-55 also shows in: a. Item 3 (Grade) PFC. b. Item 31 (Military Qualification and Date) the Combat Infantryman Badge (CIB). c. Item 32 (Battles and Campaigns) Naples-Foggia. d. Item 33 (Decorations and Citations) the: * Purple Heart * European African Middle Eastern Campaign Medal * Good Conduct Medal e. Item 34 (Wounds) contains the entry "30 January 1944 European Theater." f. Item 36 (Service Outside Continental U.S. and Return) he arrived in the Northern Atlantic Treaty Organization (NATO) on 15 October 1943 and departed on 13 May 1945. g. Item 37 (Total Length of Service) Continental Service 1 year, 1 month, and 20 days and Foreign Service 1 year, 7 months, and 26 days. h. Item 38 (Highest Grade Held) PFC. i. Item 41 (Service Schools Attended) Infantry School, Fort Benning, GA and Motor Mechanic. 6. The applicant provided a letter from the Army Service Forces, Sixth Service Command, dated 7 January 1946, that stated they were directed to present him with an Oak Leaf Cluster to the Purple Heart that was awarded to him. 7. The ICRC provided an "Attestation" document, dated 12 June 2013, that lists the following: * Rank – SGT * Unit – 1st Ranger Infantry * Date and place of capture – 30 January 1944, Italy * POW number – 22774 Stalag IIB * Place of detention – POW in German hands arrived at Stalag IIB on 9 March 1944 * Release – Ex-POW in German hands released from Marlag XC Westertimke and returned to U.S. control on 28 April 1945 * From – a list issued by the German authorities – three lists issued by the Supreme Headquarters Allied Expeditionary Force 8. The applicant provided a copy of a post card, dated 26 November 1944, which shows he addressed himself as SGT in the name line. 9. Technical Manual 12-235 (Discharge Procedures and Preparation of Separation Forms) established standardized policy for preparing and distributing the WD AGO Form 53-55. The technical manual requires the preparer to enter, in Item 3, the grade held at the time of separation. 10. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. The regulation states: a. The Bronze Star Medal (BSM) is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The BSM 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 CIB or the Combat Medical Badge is considered to be a citation in orders. Therefore, the BSM is to be awarded to individuals who were authorized either badge for service during World War II. b. The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. c. Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Purple Heart. d. The basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump. e. 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 f. 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 but within the American Theater of Operations, or 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 1 year. 11. Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) shows the 1st Ranger Battalion (Infantry), during the applicant's tenure of assignment, was awarded campaign credit for: * Anzio - 22 January - 24 May 1944 * Naples-Foggia - 9 September 1943 - 21 January 1944 * Rome-Arno - 22 January - 9 September 1944 12. Army Regulation 635-8 (Separation Processing and Documents) prescribes the transition processing function of the military personnel system. This regulation provides the steps governing preparation of separation documents. It states if a Soldier has been in a prisoner of war (POW) status, whether or not eligible for award of the POW Medal, enter the unit of assignment, country, and the dates of capture and release. DISCUSSION AND CONCLUSIONS: 1. Although the applicant provided a post card on which he listed his rank as SGT in the name line and an ICRC document listing his rank as SGT, there are no orders and/or documents that show he was promoted to SGT and remained in that rank until his discharge on 17 November 1945. His final payment worksheet for the period 15 October to 27 October 1945 shows his payment was based on his grade of PFC. Additionally, his WD AGO Form 53-55 shows the highest grade he held was PFC. 2. He also states that he qualified with the Browning automatic rifle, M1 rifle, the .30 and .50 caliber machine guns, and was awarded the Parachutist Badge. However, there is no evidence and he did not provide any evidence to show he qualified with the Browning automatic, M1 rifle, or the machine guns. Likewise, there is no evidence to show he was awarded the Parachutist Badge. 3. His WD AGO Form 53-55 verifies he was wounded in action on 30 January 1944 and awarded the Purple Heart. In a letter, dated 7 January 1946, the Army Service Forces, Sixth Service Command was directed to award him the second award of the Purple Heart. His record is void of the date of the second wounding, but in the interest of equity it appears it would be appropriate to accept this letter and the date he listed (22 January 1944) as proof of the date of wounding and award him the Purple Heart (2nd Award). 4. The ICRC lists his unit as the "1st Ranger Infantry"; however, the dates he was assigned to this unit are unknown. Therefore, in the absence of evidence that shows he was assigned to this unit at the time the unit was awarded campaign credit for Anzio, there appears to be an insufficient basis for which to add campaign credit to his WD AGO 53-55. 5. The regulation, as cited above, authorizes award of the BSM for individuals who were authorized the CIB for service during World War II. 6. The evidence of record confirms he was a POW from 30 January 1944 to 28 April 1945. Therefore, there is sufficient evidence to support adding the POW Medal to his WD AGO Form 53-55. It would also be appropriate to amend item 55 (Remarks) of his WD AGO Form 53-55 to show "PRISONER OF WAR, 1st Ranger Infantry Regiment/Germany, 30 January 1944-28 April 1945." 7. Evidence of record shows he completed a qualifying period of service for the award of the World War II Victory Medal and the American Campaign Medal. 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 a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge; b. awarding him the Purple Heart (2nd Award) for wounds received in action on 22 January 1944; and c. adding the following awards to his WD AGO Form 53-55: * Bronze Star Medal * Purple Heart (2nd Award) * World War II Victory Medal * American Campaign Medal * POW Medal d. by adding "PRISONER OF WAR, 1st Ranger Infantry/Germany, 30 January 1944-28 April 1945" to item 55. 2. The Board further 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 correcting his WD AGO Form 53-55 to show: * his rank as SGT * he qualified with the Browning automatic rifle, M1 rifle, the .30 and .50 caliber machine guns, and the Parachutist Badge * campaign credit for Anzio __________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) AR20150004850 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004850 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1