ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

                   
                   IN THE CASE OF:

                   BOARD DATE:     27 March 2019

                   DOCKET NUMBER:  AR20170006958


APPLICANT REQUESTS:  on behalf of his father, a deceased former service member (FSM), correction of the FSM’s WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show –

* the period he was a prisoner of war (POW)
* POW Medal
* Purple Heart 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Certificate of Birth (applicant)
* Certificate of Death (FSM)
* WD AGO Form 53-55
* Letter, Secretary of the Army, dated 19 May 1988
* Letter, National Personnel Records Center (NPRC), dated 16 March 2009
* Department of Veterans Affairs request for headstone
* Letter, DeKalb County Veterans Service Office, Indiana Department of Veterans Affairs 
* Western Union telegrams 

FACTS:

1.  The FSM's complete military records are not available for review.  A fire destroyed approximately 18 million service members' records at NPRC, St. Louis, MO, in 1973.  It is believed his records were lost or destroyed in that fire.  This case is being considered using the documents provided by the applicant.

2.  The applicant states, in effect, the FSM’s status as a POW and eligibility for the Purple Heart were acknowledged after he was discharged.

3.  The FSM’s WD AGO Form 53-55 shows:

* 13 July 1943 – inducted into the Army of the United States
* 27 July 1943 – entered active duty
* 8 January 1944 – arrived in the European Theater of Operations
* 8 May 1945 – departed the European Theater of Operations
* 10 November 1945 – honorably discharged with a Certificate of Disability for Discharge

4.  The FSM’s WD AGO Form 53-55 does not show he was wounded (see item 34 (Wounds Received in Action)) nor does it show he was a POW.  The Purple Heart and POW Medal are not listed among the awards shown on the form.

5.  The applicant provides Western Union telegrams showing the FSM was reported missing in action in Belgium on 17 December 1944 and was later reported to be a POW of the German Government.  A third telegram shows the FSM returned to military control on 28 April 1945.  

6.  The applicant provides:

* letter from the Secretary of the Army, dated 19 May 1988, to “Recipient” forwarding a POW Medal  
* NPRC letter, dated 16 March 2009, advising the FSM that NPRC had authorized shipment of several awards, including the Purple Heart and POW Medal

7.  The NPRC letter provided by the applicant does not describe the evidence NPRC used to determine the FSM was authorized shipment of the Purple Heart.

8.  The available records do not show the FSM was wounded in action.

9.  The manual governing preparation of the WD AGO Form 53-55 did not provide for recording periods a Soldier was held as a POW.  The regulation governing preparation of the DD Form 214, the form that replaced the WD AGO Form 53-55, requires an entry for former prisoners of war stating “PRISONER OF WAR, [unit of assignment/country], [date of capture and release date].”

10.  Army Regulation 600-8-22 (Military Awards) states:

     a.  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 the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

     b.  The Prisoner of War 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.
BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that partial relief was warranted.  Based upon documents provided and found within the service record, the Board determined that awarding the Prisoner of War Medal and annotating his Prisoner of War status on his discharge documentation was appropriate and should be granted.

However, after reviewing all available documents relating to the Purple Heart, the Board could not by the preponderance of the evidence find that the Purple Heart eligibility was met.  The Board recommended that if the applicant has other evidence relating to the Purple Heart, such as medical documents showing the prior service member was injured, then the applicant should submit a reconsideration request to this Board to review the Purple Heart eligibility again.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

X	X	X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 his WD AGO Form 53-55:

* In item 33 (Decorations and Citations) – Prisoner of War Medal
* In item 55 (Remarks) – Prisoner of war, Company B, 2nd Engineer Battalion, Germany, 18 December 1944 - 28 April 1945

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. The Board recommends denial of so much of the application that pertains to the Purple Heart. However, the applicant is highly recommended to submit additional medical records and other documentation for award of the Purple Heart.  

  

SIGNATURE:

				 
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.




REFERENCES:

1.  War Department Technical Manual 12-236 (Preparation of Separation Forms), then in effect, provided instructions for completing the WD AGO Form 53-55.  The manual did not require an entry on the WD AGO Form 53-55 documenting time spent as a POW.  The manual required entering the date wounded and theater in item 34.

2.  The DD Form 214 replaced the WD AGO Form 53-55.  Army Regulation 635-5 (Separation Documents) implemented policy for preparing the DD Form 214.  This policy included a provision for former prisoners of war to enter “PRISONER OF WAR, [unit of assignment/country] [date of capture and release date].”

3.  Army Regulation 600-8-22 (Military Awards) provides that 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 the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

4.  Army Regulation 600-8-22 provides that the Prisoner of War 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.


ABCMR Record of Proceedings (cont)	 AR20170006958
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