IN THE CASE OF: BOARD DATE: 24 May 2016 DOCKET NUMBER: AR20150010794 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 24 May 2016 DOCKET NUMBER: AR20150010794 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: * adding to item 33 (Decorations and Citations) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) the Prisoner of War Medal, American Campaign Medal, World War II Victory Medal, Army of Occupation Medal with Germany Clasp, and one bronze service star to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal * adding to item 55(Remarks of his WD AGO Form 53-55 the entry "PRISONER OF WAR: 447th Anti-Aircraft Artillery Battalion, Germany, 18 December 1944 to 28 April 1945" 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 the Purple Heart. __________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. IN THE CASE OF: BOARD DATE: 24 May 2016 DOCKET NUMBER: AR20150010794 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 prisoner of war (POW) status and award of the Purple Heart. 2. The applicant states his documents show his POW status. He also received the Purple Heart but his separation document does not show it. His military separation document was filled out incorrectly. 3. The applicant provides his WD AGO Form 53-55 and correspondence from the War Claims Commission. 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 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. The Board believes that his records may have been lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States and he entered active service in Louisiana on 23 November 1942. This form also shows at the time of his separation: * he held military occupation specialty 345 (Motor Vehicle Operator) * he was assigned to Battery D, 447th Anti-Aircraft Artillery Battalion 4. His WD AGO Form 53-55 also shows he departed the Continental United States (CONUS) on 10 February 1944 and he arrived in the European Theater of Operations (ETO) on 22 February 1944. He departed the ETO on 23 June 1945 and arrived back in CONUS on 8 July 1945. 5. He was honorably separated due to demobilization on 2 October 1945. He completed 1 year, 5 months, and 11 days of CONUS service and 1 year, 4 months, and 29 days of foreign service. His WD AGO Form 53-55 also shows in: * Item 32 (Battles and Campaigns) no battles or campaigns * Item 33 (Decorations and Citations) the European-African-Middle Eastern Campaign Medal * Item 34 (Wounds Received in Action) the entry "None" 6. He provides: a. A letter, dated 5 June 1950, from the War Claims Commission informing him of the status of his claim for compensation for forced labor and/or inhumane treatment as a prisoner of war. b. A letter, dated 20 April 1951, from the War Claims Commission approving a monetary award to cover the period of imprisonment from 18 December 1944 to 28 April 1945. 7. His records do not contain any documentation confirming he was wounded in action or was awarded the Purple Heart: * his medical records are not available for review with this case * there are no casualty reports available to support a combat injury * there are no Western Union Telegrams or notification to the next of kin of an injury 8. The Office of The Surgeon General records contain a printout that shows the applicant was admitted on 19 May 1945 to the European General Hospital as a repatriated POW for observation for any diseases. None were reported. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. The POW Medal was authorized on 8 November 1985 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 is to be issued to U.S. military personnel who were taken prisoner and held captive while engaged in an action against an enemy of the United States or while engaged in military operations involving conflict with an opposing foreign force. b. The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record. c. The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. d. A bronze service star based on qualifying service for each campaign listed in appendix B of this regulation. This regulation authorizes bronze service stars to be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal. d. 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 CONUS but within the American Theater of Operations, or service within CONUS for an aggregate period of one year. e. The Army of Occupation Medal with Germany Clasp is awarded for qualifying service that occurred between 9 May 1945 and 5 May 1955. Service between 9 May 1945 and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945. 2. Army Regulation 635-5 (Separations Documents) establishes the standardized policy for preparing and distributing discharge documents. In pertinent part, 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. 3. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 447th Anti-Aircraft Artillery Battalion received occupation credit for Germany for service from 20 May to 29 September 1945. DISCUSSION: 1. With respect to the POW status, the applicant served in the ETO from 22 February 1944 to 23 June 1945. The available evidence shows enemy forces captured the applicant and held him in a POW status in Germany from 18 December 1944 to 28 April 1945. It would be appropriate to award him the POW Medal, and correct his WD AGO Form 53-55 to show his POW status and the POW medal. 2. With respect to the Purple Heart: a. The criteria for an award of the Purple Heart require the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. b. There is no evidence in the available record that shows the applicant was awarded the Purple Heart. His medical records are not available for review with this case, there are no casualty reports available to support a combat injury, and there are no Western Union Telegrams or notification to the next of kin of an injury caused by hostile action. c. Notwithstanding his sincerity, in the absence of additional documentation that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence to list the Purple Heart on his WD AGO Form 53-55. 3. The applicant served a qualifying period of service for award of the American Campaign Medal, World War II Victory Medal, the Army of Occupation Medal with Germany Clasp, and at least one bronze service star to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010794 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010794 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2