-------------------------------------MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:           23 May 2002
	DOCKET NUMBER:   AR2001063256

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning 		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Karen Y. Fletcher		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his military records be corrected to show he was a prisoner of war (POW) in World War (WW) II.

APPLICANT STATES:  That on 7 April 1945, in the village of Dorna, Germany he and 12 others were taken prisoner for about 4 hours, before they were released.  In support of his request, he submits a copy of his War Department Adjutant General Office (WD AGO) Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge), WD AGO 100 (Separation Qualification Record), a magazine article, a supporting statement, and a copy of a unit log.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was derived from documents provided by the applicant and from other sources.

His WD AGO 53-55 indicates he was inducted on 30 November 1942, and was trained as an infantryman, but served in communications.  He served in the European-African-Middle Eastern Theater and was honorably separated at demobilization on 14 March 1946.  His awards include the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal with two bronze service stars, the American Theater Ribbon, the WWII Victory Medal and the Combat Infantryman Badge (CIB).

In an affidavit, COL J. C., states the applicant was a member of his command, Company I, 261st Infantry.  They were engaged in combat in the vicinity of Dorna, Germany in April 1945.  An element of the company was attacked on 7 April 1945.  Eight men were killed and another eight men were captured and held prisoner.  Several hours later, these men were liberated.  The applicant was one the men who was held prisoner by the German forces.  He states the particular incident cited was noted in the official 261st Infantry Regiment Log and provided a copy.

An extract of the 261st Infantry Regiment Log indicates that on 7 Apr 1945 the 1st Battalion was involved in a battle and lost eight men and eight men were taken prisoner and then liberated.  The log does not name the prisoners.

An article in "The 65th Halbert" the 65th Division Association Magazine, dated Spring 2001, describes that on 7 April 1945, I Company, which was in Dorna came to Struth, Germany to support the defense against the German attack and that a handful of Americans were taken prisoner.  The article does not name the prisoners.

Army Regulation 600-8-22 provides for award of the POW Medal.  It states, in pertinent part, that 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.

The same regulation provides that subsequent to the cessation of hostilities during WWII the regulation governing the award of the Bronze Star Medal was changed, in part, to provide for the award of this decoration to those individuals who had been awarded the CIB for meritorious achievement in ground combat against the armed enemy between 7 December 1941 and 2 September 1945.

The same regulation provides, in pertinent part, for award of the WWII Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

DA Pamphlet 672-1, lists units that have been awarded unit citations, campaign and occupation credit, assault credit and foreign awards.  This register shows that during the period of the applicant’s assignment to the 261st Infantry, 65th Division, it was awarded the Army of Occupation Medal with Germany clasp for the period 2 May through 3 June 1945.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board considered the applicant's statement, the affidavit and the magazine article submitted by the applicant.  However, while they provide some level of evidence and information, without verification from an official source these documents are insufficient as a basis to officially declare that the applicant was a POW.

2.  Notwithstanding the denial of his request for POW status, his records substantiate that he is entitled to award of the Bronze Star Medal based on his award of the CIB, the Army of Occupation Medal with Germany clasp for the period 2 May through 3 June 1945, and the WWII Victory Medal.  The Army Review Boards Agency Support Division, St. Louis will be requested to add these awards to his separation document.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  The Army Review Boards Agency Support Division, St. Louis is requested to correct the applicant’s separation record to show that he was awarded the Bronze Star Medal based on award of the CIB, the Army of Occupation Medal with Germany clasp for the period 2 May through 3 June 1945, and the World War II Victory Medal.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___mdm  _____le   _  ____kyf__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001063256	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020523	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES         1. 107	130	
2.		
3.		
4.		
5.		
6.