IN THE CASE OF: BOARD DATE: 31 March 2016 DOCKET NUMBER: AR20150009348 BOARD VOTE: ____X_____ ___X____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 31 March 2016 DOCKET NUMBER: AR20150009348 BOARD DETERMINATION/RECOMMENDATION: The Board determined 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: * awarding the FSM the Bronze Star Medal based on award of the Combat Infantryman Badge * adding award of the Bronze Star Medal and Prisoner of War Medal to his WD AGO Form 53-55 * adding the entry "PRISONER OF WAR: COMPANY D, 423 REGIMENT, 106TH INFANTRY DIVISION, GERMANY, 21 DECEMBER 1944 THROUGH 2 APRIL 1945" to item  55 of his WD AGO Form 53-55 _____________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: 31 March 2016 DOCKET NUMBER: AR20150009348 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 former service member (FSM) requests correction of her late father’s WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge Certificate) to show his Prisoner of War (POW) status during World War II (WWII). 2. The applicant states her father was a POW after capture at the Battle of the Bulge in December 1944. He was released in early April 1945. He passed away on 31 May 2009. The marker received from the Department of Veterans Affairs (VA) for his grave indicates he served in (WWII), but does not indicate he was a POW. The honorable discharge document on record at the Texas County Court House received by the funeral director did not indicate her father was a WWII POW. The VA's National Cemetery Administration Director authorizes "Missing in Action and POW to be inscribed on markers at Government expense." This just came to their attention. She believes there is another form available (DD Form 214 (Report of Separation from the Armed Forces of the United States) that should specify his POW status. She would appreciate a copy of this document. It would entitle her father to a designation on his grave marker according to the VA. Receiving this designation would mean a lot to the family, especially her brother, her husband, and herself. 3. The applicant provides: * FSM's WD AGO Form 53-55 * FSM's VA Rating Decision and letter * photograph of FSM's grave marker * her birth and marriage certificates 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 the cases 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. 2. The FSM's complete military records are not available to the Board for review. A fire destroyed approximately 16 million service members’ records at the National Personnel Records Center in 1973. It is believed his records were destroyed in that fire. However, there was sufficient documentation contained in a reconstructed record and those provided by the applicant for the Board to conduct a fair and impartial review of this case. 3. The FSM was inducted into the Army of the United States and entered on active duty on 9 April 1943. He held military occupational specialty 1807 (ammunition bearer-heavy mortar). He served in the European theater of operations from 24 October 1944 and he returned to the United States on 5 May 1945. He was honorably discharged on 3 December 1945. His WD AGO Form 53-55 lists in: * item  31 (Military Qualifications and Date) – Combat Infantryman Badge and Marksman Marksmanship Qualification Badge with Rifle Bar * item  32 (Battles and Campaigns) – Northern France and Central Europe * item  33 (Decorations and Citations) – American Theater Service Ribbon, European-African-Middle Eastern Service Medal with two bronze service stars, Army Good Conduct Medal, and WWII Victory Medal * item  55 (Remarks) – WWII Honorable Lapel Button 4. The FSM's available records contain a DD Form 2510 (POW Medal Application/Information), dated 10 February 1989, he completed and signed showing he was assigned to Company D, 423rd Regiment, 106th Infantry Division, and was a POW from 19 December 1944 through 2 April 1945. 5. The applicant provided copies of: * the FSM's VA Rating Decision, dated 9 November 1998, and a letter, dated 24 November 1998, in which the FSM was advised of the award of a 20 percent service-connected rating for cold injury to both hands and feet as a result of his POW status and a combined rating of 90 percent * photograph of the FSM's grave marker which does not indicate he was a POW * her birth and marriage certificates (self-explanatory) 6. The U.S. National Archives and Records Administration WWII POW Data File shows the FSM was captured and held in Germany in a POW status from 21 December 1944 through on or about 2 April 1945, a period of 3 months and 12 days during WWII. REFERENCES: 1. Army Regulation 600-8-22 (Military Award) states: a. 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. b. The Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The Bronze Star Medal was 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 Combat Infantryman Badge was considered to be a citation in orders. That meant, in effect, that the Bronze Star Medal was to be awarded to individuals who were authorized either badge for service during WWII. 2. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing discharge documents. The regulation specifies that 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), a register of unit citations and campaign participation credits for WWII, does not list any unit awards for the FSM's period of service. DISCUSSION: 1. The evidence confirms the FSM was held as a POW and is entitled to the POW Medal. It would be appropriate to add this medal and his POW status to his WD AGO Form 53-55. 2. Based on regulatory guidance, the FSM is entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge and correction of his records to show this award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009348 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009348 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2