IN THE CASE OF: BOARD DATE: 5 December 2017 DOCKET NUMBER: AR20160004989 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: 5 December 2017 DOCKET NUMBER: AR20160004989 BOARD DETERMINATION/RECOMMENDATION: The Board determined that 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: a. awarding him the Bronze Star Medal based on the Combat Infantryman Badge he was awarded on 3 January 1945; b. amending his WD AGO Form 53-55 by: (1) deleting from item 33 (Decorations and Citations) the European-African-Middle Eastern Campaign Medal and adding the: * Prisoner of War Medal * Bronze Star Medal * European–African–Middle Eastern Campaign Medal with three bronze service stars (2) adding to item 55 (Remarks) the remark "PRISONER OF WAR: 310th Infantry Regiment, Germany, 16 December 1944 to 11 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. IN THE CASE OF: BOARD DATE: 5 December 2017 DOCKET NUMBER: AR20160004989 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 status as a prisoner of war (POW) during World War II (WWII) and to show he was awarded the POW Medal. 2. The applicant states he was captured by Nazi soldiers. From what he can remember, he was with the 70th Infantry Division. During his capture, he was taken to a camp where he was held from December 1944 to May 1945. At first, his unit reported him as missing in action; however, they shortly changed his status to POW. 3. The applicant provides his WD AGO Form 53-55, his DD Form 256A (Honorable Discharge Certificate), and his Department of Veterans Affairs (VA) Rating Decision. 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 service personnel records were lost or destroyed in a fire at the National Personnel Records Center in 1973. The records available to the ABCMR were provided in part by the applicant and also obtained from alternate sources and are sufficient for the Board to conduct a fair and impartial review of this case. 3. The applicant was inducted into the Army of the United States on 18 December 1943. He entered active duty on 8 January 1944. 4. The applicant was honorably discharged on 25 May 1946. His WD AGO Form 53-55 shows: * he was a member of the 310th Infantry Regiment * he was awarded the Combat Infantryman Badge (CIB) on 3 January 1945 * he participated in the Rhineland, Central Europe, and Ardennes campaigns * he was awarded the Army Good Conduct Medal, the American Campaign Medal, the European–African–Middle Eastern Campaign Medal, the WWII Victory Medal, and the Army Occupation Medal with Germany Clasp * he arrived in the European Theater of Operations (ETO) on 25 October 1944 and arrived back in the United States on or about 15 May 1945 5. The applicant provides a letter from the VA, dated 22 March 2016, which shows he was awarded a pension for being a WWII POW from on or about 16 December 1944 through on or about 11 May 1945. 6. The National Archives WWII Prisoners of War Data File shows the applicant was captured in the European Theater on 16 December 1944. His grade at the time of capture was that of "private" and Germany is listed as the detaining power. He was returned to military control, liberated, or repatriated on or about 11 May 1945. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states: a. The POW Medal is authorized 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 will only be awarded when the individual’s prisoner of war status has been officially confirmed and recognized as such by the Department of the Army. 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 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 Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders. Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II. c. Bronze service stars will be worn on the appropriate campaign or service medal, including the European-African-Middle Eastern Campaign Medal, in recognition of campaign participation. 2. Army Regulation 635-5 (Separations Documents) establishes the standardized policy for preparing and distributing discharge documents. 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. DISCUSSION: 1. The applicant's request for correction of his WD AGO Form 53-55 to show his status as a POW during WWII and to show he was awarded the POW Medal, was carefully considered. 2. The evidence of record shows he was held captive by the German Army from on or about 16 December 1944 through on or about 11 May 1945. As such, he is entitled to award of the POW Medal and correction of his WD AGO Form 53-55 to show this award and his POW status. 3. The applicant's WD AGO Form 53-55 shows he was awarded the CIB during his service in WWII. Accordingly, he is entitled to award of the BSM and to a correction of his WD AGO Form 53-55 to show it. 4. The applicant's record shows he was awarded the European – African – Middle Eastern Campaign Medal. His records show he participated in three campaigns during his service in WWII; therefore, he is entitled to award of a single bronze service star to be affixed to his previously-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) AR20160004989 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004989 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2