BOARD DATE: 28 February 2020 DOCKET NUMBER: AR20190013486 APPLICANT REQUESTS: correction of his War Department Adjutant General Office (WD AGO) Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show in: a. item 3 (Grade) – his rank as private first class (PFC/E-3) or corporal (CPL/E-4) instead of Private (PVT/E-1) and b. item 33 (Decorations and Citations) – award of the: * Bronze Star Medal * Purple Heart * Combat Infantryman Badge APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 21 October 2018 * Self-authored Statement, undated * excerpt, Technical Manual 12-427 (Military Occupational Classification of Enlisted Personnel), dated 12 July 1944 * History of Operation (Declassified), Headquarters, 508th Parachute Infantry Regiment, WD AGO, Historical Records Branch, dated 24 September 1944 * WD AGO Form 53-55 for the period ending 26 September 1945 * excerpt, European Theater of Operations (ETO), U.S. Military Personnel Prisoner of War (POW), World War II List, page 625 * Statement, R____ M____, undated * Department of Veterans Affairs (VA), Disability Information, undated * letter, Embassy of France, Defense Attaché, French Ministry of the Armed Forces, Republic of France, dated 15 April 2019 * letter, Chief Warrant Officer-5 (CW5) Retired R____ L. S_____, dated 21 October 2019 * letter, Army Review Boards Agency, dated 29 October 2019 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. He enlisted in the U.S. Army on 11 November 1942 and after his training, he arrived in England on 6 June 1944 on D-Day. b. His first combat jump was on 17 September 1944 into Nijmegen, Holland, as part of Operation Market Garden. There was a firefight with German Forces in which he was blown into the air when a German 80 millimeter mortar shell exploded next to him. c. PFC R____ M____ was an eye-witness to the incident and checked on him and saw blood coming out of his ears and the cuts and rips in his combat uniform and assumed he was dead. PFC R____ M____ returned to the battle and reported him as killed in action (KIA). He was left for dead in Nijmegen, but he was picked up and treated for his wounds by the enemy and relocated to a POW camp. d. His status remained KIA until his unit found out he had been taken POW by the Germans in Mooseburg, Germany. e. He was interrogated by Henrich Himler and remained a POW until the camp was liberated by the British Army in May 1945. All that was left of his wounds by then was scars which have been documented by the VA. f. When he was liberated from the POW camp, he was taken to Paris and placed on a troopship and returned to the United States. He was not returned to his unit. When he returned to the United States, he was transported to an Army and Air Force Regional and Convalescent Hospital, Miami District, Miami Beach, Florida. g. The hospital staff knew nothing of his combat experience and separated him with only a European-African-Middle Eastern Campaign Medal with one bronze service star, Army Good Conduct Medal, and one overseas bar. h. Most of his counterparts were discharged at the rank of PFC/E-3 or CPL/E-4. He was passed over for his promotion which he may have been entitled to if he had been present during this period, and discharged at the rank of Private (PVT/E-1). i. His Military Occupational Specialty (MOS) 810 (Rocket Launcher) was integrated into MOS 745 (Rifleman) in 1944 and this should entitle him to be awarded the Combat Infantryman Badge. j. He believes he is also entitled to award of the Bronze Star Medal. 3. The applicant's complete military records are not available 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, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. These records consist of files provided from a partial reconstructed record by the National Archives and Records Administration and/or National Personnel Records Center and documents submitted by the applicant. 4. The applicant's records contain sufficient evidence to support additional awards not shown on his WD AGO Form 53-55. His WD AGO Form 53-55 will be administratively corrected to show award of the: * Prisoner of War Medal * American Campaign Medal * World War II Victory Medal * Army of Occupation Medal with Germany Clasp 5. The Board will consider his request for award of the Purple Heart, CIB, Bronze Star Medal and promotion to the rank of PFC/E-3 or CPL/E-4. 6. On 11 November 1942, the applicant enlisted in the Regular Army. 7. On 30 May 1944, he departed the Continental United States for England and arrived in England on 6 June 1944. He was assigned to Company C, 506th Parachute Infantry. 8. His WD AGO Form 1 (Morning Report), dated 2 October 1944, shows on or about 18 September 1944, he was reported missing in action with the entry "Battle Casualty." His rank was shown as private. 9. On 10 June 1945, he departed the European Theater of Operations and arrived in the Continental United States on 19 June 1945. 10. On 26 September 1945, he was honorably discharged. His WD AGO Form 53-55 shows in: a. item 3 – his rank as PVT. b. item 33 – he was awarded or authorized: * European-African-Middle Eastern Theater Campaign Medal with one bronze service star * Army Good Conduct Medal * one overseas bar c. item 34 (Wounds Received in Action) – "None." d. item 38 (Highest Grade Held) – his highest grade held was PVT. f. item 40 (Reason and Authority for Separation) – "Certificate of Disability for Discharge," Army Regulation 615-361 (Enlisted Men – Discharge – Medical), Section I, Headquarters, Army and Air Force Regional and Convalescent Hospital, Miami Beach, Florida, dated 26 September 1945. 12. He provided copies of a WD AGO Historical Records Section, dated 28 May 1946, which chronicles battle operations of the 508th Parachute Infantry from 17 September 1944 through 24 September 1944. 13. His records contain: a. a self-authored letter to Lieutenant Colonel (LTC) R____ W. P____, U.S. Army Assistant Adjutant General, post marked 8 January 1986, wherein he stated: (1) He was a member of Company C, 2nd Battalion, 508th Parachute Infantry. He was airlifted on 17 September 1944 and dropped at a small village known as Groesbeek as a part of Operation Market Garden. (2) His assignment was to unite with his 20-man combat patrol and head into the town of Nijmegan. There were a few light skirmishes and they contacted the main force later. He was picked up by a German Reconnaissance Battalion of the 9th Schutzstaffel Panzer Division. German medics treated his right ear for bleeding. (3) He was sent to a POW camp in Limburg, Germany, where he received more treatment for his ear. He was transferred to Stalag 7-A, a POW camp in Mooseburge, Germany. (4) After he was liberated, he was sent home on furlough and then he reported to the Army and Air Force Regional and Convalescent Hospital in Miami Beach, Florida. He received a certificate of disability for discharge and compensation for service- connected disability. (5) He has had continuous treatment or checkups from the VA Hospital and he has not had any contact with his unit since he was taken as POW on 17 September 1944. b. a self-authored letter to LTC R____ W. P____, U.S. Army Adjutant General, dated 9 April 1986, wherein he stated: (1) He parachuted 49 miles behind enemy lines on 17 September 1944, where he was dropped near a small village known as Groesbeek. He was captured by a German unit of the 9th Schutzstaffel Panzer Division. After he was interrogated, German medics put medication in his right ear for bleeding. They also put paper into the ear as there were no cotton bandages. (2) A few weeks later, he was sent to Stalag 7-A in Mooseburge, Germany. He was liberated 8 months later when General Patton's 14th Armored Division came to the camp. He made his way by private vehicle to Paris and was taken to Le Havre, France. He took a Liberty ship to Newport News, Rhode Island. (3) He was sent to Miami Beach, Florida, where all married POWs were sent to be with their wives. After 2 weeks, he reported to the Army and Air Force Regional Hospital in Coral Gables, Florida, where he was examined and given a discharge with disability compensation. (4) His ear was operated on at the VA Medical Center in Palo Alto, California, in 1961. 14. He provided copies of: a. a DA Form 1577, dated 18 March 1986, that shows, in part, The Assistant Adjutant General advised him his entitlement for award of the Purple Heart could not be verified. b. a DA Form 1577, dated 15 August 1988, that shows The Assistant Adjutant General advised him shipment of his POW Medal would be delayed and he would receive the award within 90 to 120 days. c. a French Ministry of the Armed Forces letter, dated 15 April 2019, that shows states his application for the Legion of Honor award (France) was forwarded to the Consulate General of France in Los Angeles for consideration. d. a letter from CW5 (Ret) R____ L. S____, dated 21 October 2019, that endorsed his application for award of the Purple Heart. CW5 (Retired) R____ L. S____ also stated he assisted former PFC R____ M____ who received award of the Bronze Star Medal, Combat Infantryman Badge, American Campaign Medal, and Army of Occupation Medal with Germany Clasp. e. a statement from former PFC R___ M____, undated, who stated: (1) He was assigned with the applicant in Company C, 3d Battalion, 508th Parachute Infantry Regiment. (2) The applicant did not hear a "fall back order" and continued to fire at the Germans. (3) Just as he took a step toward the applicant's position, a shell from the German "88" exploded near the applicant and threw his body high into the air, causing him to hit the ground with an audible thump. He continued across the road, dodging enemy fire the entire time and found the applicant lying face down. He rolled the applicant over, noticed blood coming from his right ear and he assumed the applicant was dead so he fell back with the rest of the patrol. (4) The applicant was the only member of the patrol whose status was changed to KIA. After few days when his body could not be located and no one could account for him, his status was changed to missing in action. The unit was unaware that he had lived and that he had been captured by the Germans. He also provided a copy of his WD AGO Form 53-55 showing he was awarded, in part, the Purple Heart with First Oak Leaf Cluster and Combat Infantryman Badge. 15. His available records are void of orders awarding him the Purple Heart or promotion to the rank/grade of PFC/E-3. 16. His name is listed on the roster of U.S. personnel who were POWS for World War II in the European Theater and who were returned alive. His date of capture is listed as 18 September 1944 and his date of return is listed as 4 September 1945. His available records are void of a diagnosis or explanation of injuries incurred. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, the belief that his records were lost or burned in the fire at the national personnel records center, the evidence of his status as a POW and return to US Forces and the reason for his separation (Certificate of Disability). The Board considered the applicant’s statements recounting of the events of his injury and capture, as well as the statements provided by a fellow Soldier from his unit. The Board considered the entries on his WD AGO Form 53-55 for his rank at separation, specialty, wounds (none) and his awards and decorations. The Board considered the policy for award of the CIB and Bronze Star during his period of service and relevant promotion authorities. The Board found sufficient evidence to show that the applicant was in active ground combat, he suffered an injury as a result of enemy action the required treatment and that he would have been advanced in grade absent his capture. Based on a preponderance of evidence, the Board determined that corrections to the applicant’s records was appropriate. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : 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: - Awarding the applicant the Combat Infantry Badge and the Bronze Star Medal; - Awarding the applicant the Purple Heart for wounds received in Germany on 18 September 1944; - Amending item 3 (Grade) to show the applicant’s rank as PFC effective the date of his separation, and; - Adding to item 33 (Decorations and Citations) CIB, BSM, PH and the awards stated in the Administrative Note(s) that follow. 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. Administrative Note(s): The applicant's records contain sufficient evidence to support additional awards not shown on his WD AGO Form 53-55. His WD AGO Form 53-55 will be administratively corrected to show award of the: * Prisoner of War Medal * American Campaign Medal * World War II Victory Medal * Army of Occupation Medal with Germany Clasp REFERENCES: 1. Title 10, United States 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 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. 2. Army Regulation 615-360 (Enlisted Men – Discharge, Release from Active Duty), in effect at the time, provided for the discharge, release and transfer of enlisted men from active service. Section II provided for release of enlisted men with disability. Paragraph 7b stated when the disability was incurred in line of duty and rehabilitation for military service was not feasible, further hospitalization, if necessary, would be provided by the VA. Such cases would be transferred to a VA facility and would be discharged on certificate of disability. 3. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart is awarded to members of the Armed Forces of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, have been wounded, were killed, or who have died or may hereafter die of wounds received under any of the following circumstances: (1) in any action against an enemy of the United States; (2) in any action with an opposing armed force of a foreign country in which the Armed Forces of the United States are or have been engaged; (3) while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party; (4) as the result of an act of any such enemy of opposing Armed Forces; (5) as the result of an act of any hostile foreign force; (6) after 28 March 1973, as a result of an international terrorist attack against the United States or a foreign nation friendly to the United States, recognized as such an attack by the Secretary of the Army, or jointly by the Secretaries of the separate Armed Services concerned if persons from more than one service are wounded in the attack; (7) after 28 March 1973, as a result of military operations while serving outside the territory of the United States as part of a peacekeeping force; (8) service members who are killed or wounded in action by friendly fire; (9) a former prisoner of war who was wounded before 25 April 1962 while held as a prisoner of war (or while being taken captive), will be treated in the same manner as a former POW who is wounded on or after that date while held as a POW (in accordance with Public Law 104-106, Section 521); or (10) service members killed or wounded in attacks by foreign terrorist organizations. b. A wound is defined as an injury to any part of the body from an outside force or agent sustained under one or more of the conditions listed below. A physical lesion is not required. However, the wound for which the award is made must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound will be documented in the service member's medical and/or health record. Award of the Purple Heart may be made for wounds treated by a medical professional other than a medical officer provided a medical officer includes a statement in the service member's medical record that the extent of the wounds was such that they would have required treatment by a medical officer if one had been available to treat them. c. The Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Armed Forces of the United States or a friendly foreign nation after 6 December 1941, distinguished himself or herself by heroic or meritorious achievement or service not involving participation in aerial flight in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. Award may be made to each member of the Armed Forces of the United States who, after 6 December 1941, has been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945, inclusive, or whose meritorious achievement has been otherwise confirmed by documents executed prior to 1 July 1947. For this purpose, an award of the Combat Infantryman Badge or Combat Medical Badge is considered as a citation in orders for award of the Bronze Star Medal. 4. Public Law 104-106 (National Defense Authorization Act for Fiscal Year 1996), dated 10 February 1996, Section 521, states: a. Standards for Award. An award of the Purple Heart shall be made in accordance with the standards in effect on the date of the enactment of this Act for the Award of the Purple Heart to persons wounded on or after 15 April 1962. b. Eligible Former Prisoners of War. A person shall be considered to be a former prisoner of war for purposes of this section if the person is eligible for the POW Medal under Section 1128 of Title 10, United States Code. 5. Army Regulation 615-5 (Appointment and Reduction of Noncommissioned Officers and Privates, First Class), in effect at the time, provided for appointment and reduction of noncommissioned officers and privates, first class. Instructions stated: a. Oversea theater commanders, the Commanding Generals, Army Air Forces, Army Ground Forces, and the chiefs of administrative and technical services may waive the requirement of an authorized vacancy to appoint temporarily to the next higher enlisted grade any enlisted person below the first grade who is returned to United States military control from a status of internee, missing in action, evading capture in enemy held territory, or POW (including those repatriated under the provisions of the Geneva Convention, and who presumably would have been promoted except for his internment, evasion, or capture, provided circumstances surrounding the individual's loss to the Army of the United States and subsequent conduct were honorable. b. Subsequent promotions of personnel who presumably would have been advanced more than one grade but for the fact of their internment, evasion, or capture may be effected by these commanders without regard to vacancy upon actual demonstration of ability by performance of duties of the higher grade. c. Commanders indicated herein may delegate this authority to such subordinate commanding officers as they see fit. d. Oversea theater commanders, the Commanding Generals, Army Air Forces, Army Ground Forces, and the chiefs of administrative and technical services may waive the requirement of an authorized vacancy to appoint temporarily to a higher enlisted grades any enlisted man who receives the Medal of Honor. Personnel up to second grade may be promoted two grades. Personnel of second grade may be promoted one grade. Personnel of first grade will not be appointed or commissioned in a higher grade solely by reason of possessing the Medal of Honor. e. The effective date of an appointment is the date of the instrument of appointment, unless such instrument is confirmatory of oral orders previously issued. Where an appointment is made by the oral orders of an officer having authority to make appointment, such orders, when later confirmed in writing, have the force of written orders. In such a case the date shown in the written orders cannot be earlier than the date on which the oral appointment, confirmed by the written instrument, was actually made. 6. WD AGO Letter Change 2, dated 22 June 1945, to WD AGO Letter 383.6, dated 21 April 1945, subject: Procedure for Processing, Return and Reassignment of Recovered Personnel (Short Title: POW), stated, "all projects P and R personnel except those in the grade of colonel will make an official statement or be interviewed in order to secure information for consideration by the appropriate appointing or promoting authority in determining qualifications for an immediate one grade advancement of those individuals who presumably would have been advanced in grade but for their loss to United States military control." This statement or report of interview with the required enclosures would be the principal basis for initiating consideration of each individual case and had to be prepared carefully and in detail. 7. Change 7 to Army Regulation Army Regulation 615-5, dated 23 June 1945, stated promotion of certain enlisted men who are missing in action, prisoners of war, or hospitalized due to enemy action. The promotion recommendation of an enlisted man who subsequent to the date of initiation thereof is reported as a POW or missing in actions or hospitalized as a result of wounds incident to combat will be processed in the normal manner, and if approved by proper authority the enlisted man will be promoted without regard to position vacancy by the appointing authority who had jurisdiction over the individual concerned at the time change of status occurred. 8. Military Personnel Division, WD AGO, message, dated 21 September 1945, stated, provisions of POW concerning promotions are amended and application is to all recovered personnel who have been absent from military control under honorable conditions 18 months or longer and have not yet received one grade promotion since return to military control. a. Each enlisted man below grade master sergeant will be immediately promoted one grade. All commanding officers having immediate jurisdiction over subject enlisted personnel will promote personnel at once using this message as authority. b. All commanding officers having immediate jurisdiction over officer personnel will immediately dispatch to The Adjutant General Officers Branch, Promotion Section, by radio or telegram with confirmation by essential air mail name, grade, serial number, and length of period of absence from military control of all subject officers indicating that officers are recovered personnel of 18 months or more. Using this authority will expeditiously accomplish promotion in automatic manner based on information received an inform officers accordingly. c. Recovered personnel absent from military control less than 18 months will be processed immediately in accordance with existing provisions POW. d. All commanders having to jurisdiction over recovered personnel will immediately screen all records to ensure that no individual who comes within purview of this directive is overlooked. If records not available, personnel will be contacted directly. e. Provisions of POW concerning Project J remain unchanged except that Project J will not receive a second automatic promotion after return from military control by reason of this directive. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190013486 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1