BOARD DATE: 8 December 2015 DOCKET NUMBER: AR20150005400 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 his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) be corrected to show he was awarded the Bronze Star Medal (BSM) with “V” Device (first oak leaf cluster) during his service during World War (WW) II, and that he was authorized the Prisoner of War (POW) Medal. 2. The applicant states his report of separation shows that he was a POW, and that he also received a BSM with “V” Device (first oak leaf cluster) that is not listed on his WD AGO Form 53-55. 3. The applicant provides: * WD AGO 53-55 * General Orders Number 79 dated 23 June 1945 * BSM Certificate * BSM with “V” Device Certificate * U.S. Total Army Personnel Command, POW/Missing in Action (MIA) Affairs Division letter * Honorable Discharge Certificate 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 complete military 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. It is believed that the applicant's records were lost or destroyed in that fire. However, the applicant provided sufficient documents for the Board to conduct a fair and impartial review of this case. 4. On 31 May 1943 the applicant was inducted into the Army of the United States and he entered active duty on 14 July 1943. At the time of his discharge, he held military occupational specialty 1812 (first sergeant (1st SGT)) and he was assigned to Company K, 23rd Infantry Regiment, 2nd Infantry Division. 5. His WD AGO Form 53-55 shows he departed the United States on 8 January 1945 and arrived in the European Theater of Operations (ETO) on 15 January 1945. He departed the ETO on 13 July 1945 and arrived back in the United States on 20 July 1945. 6. Item 31 (Military Qualification and Date) of his WD AGO Form 53-55 shows he was awarded the: * Combat Infantryman Badge (CIB) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) 7. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he received the: * European-African-Middle Eastern Campaign Medal * BSM * World War II Victory Medal * American Campaign Medal * Army Good Conduct Medal 8. Headquarters, 2nd Infantry Division, General Orders Number 79, dated 23 June 1945, awarded him the Bronze Star Medal with "V" Device for distinguishing himself by heroic achievement in connection with military operations against the enemy in Germany on 4 March 1945. 9. On 15 November 1945, he was honorably discharged. He completed 2 years, 10 months, and 18 days of continental service and 6 months and 13 days of foreign service. 10. On 4 December 1989, the U.S. Total Army Personnel Command, POW/MIA Affairs Division, sent the applicant a letter affirming his eligibility for the POW Medal based on his captivity by German forces during WWII for the period 1 to 8 May 1945. 11. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The 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 Combat Medical Badge is considered to be a citation in orders for the BSM. Therefore, the BSM is to be awarded to individuals who were authorized either badge for service during WW II. b. 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. Past conflict in this instance means only WWI, WW II, the Korean War and the Vietnam War. Hostages of terrorists and persons held by governments with which the United States is not engaged in armed conflict are not eligible. 12. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing discharge documents. It directs that, in the case of a POW, the unit of assignment, country, and dates of capture and release will be entered in the "Remarks" section of the discharge document. DISCUSSION AND CONCLUSIONS: 1. Based on the applicant's award of the CIB, he is entitled to award of the BSM based on policies enacted subsequent to his separation. 2. General Orders Number 79, Headquarters, 2nd Infantry Division, dated 23 June 1945, awarded him the Bronze Star Medal with "V" Device for distinguishing himself by heroic achievement in connection with military operations against the enemy in Germany on 4 March 1945. 3. The evidence of record shows the U. S. Total Army Personnel Command, POW/MIA Affairs Division, affirmed his eligibility for the POW Medal based on his captivity from 1 to 8 May 1945. BOARD VOTE: ___x______ _x______ _x_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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. Deleting from his WD AGO 53-50, item 33, the BSM. b. Awarding him the BSM (first oak leaf cluster) based on his award of the CIB. c. Adding the following awards to his WD AGO Form 53-55, item 33: * BSM (first oak leaf cluster) with "V" Device * POW Medal d. Adding to his WD AGO 53-55, item 55 (Remarks): "Prisoner of War, Company K, 23rd Infantry Regiment, 2nd Infantry Division, Germany, 1 to 8 May 1945." _______ _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) AR20140017690 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005400 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1