PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           24 November 1998  
	DOCKET NUMBER:   AC98-08849

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Celia L. Adolphi 		Member	
	Mr. Robert W. Garrett		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, correction of his military records to show he was separated from active duty on 28 August 1945 with the rank of private first class.  He also requests that his military records be corrected to show award of the Combat Infantryman Badge (CIB), the Purple Heart and the correct dates of his Prisoner of War (POW) status. 

3.  The applicant states he was captured by the Germans on 17 February 1943 and released on 24 April 1945.  In support of his application, he submits copies of telegrams and a War Department letter.

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show the applicant enlisted on
13 January 1941.  He served as a light mortar crewman in the European-African-Middle Eastern Theater for approximately 39 months and was separated in the grade of E-1 with an honorable discharge on 28 August 1945.

5.  At the time of the applicant’s separation from active duty, his WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows in item 3 he was discharged with the rank of private.  Item 38, highest grade held, indicates that the highest rank he held was private first class, but no documents are available elsewhere to document this information.  

6.  The applicant’s WD AGO Form 53-55 does not show the CIB or Purple Heart as authorized awards.  Evidence of record shows that a DD Form 215 amending the WD AGO Form 53-55 with a separation date of 28 August 1945 was issued on 7 November 1996 showing the CIB as an authorized award.  

7.  There is no evidence in the applicant’s records that show he was injured or wounded as a result of hostile action.  Item 34 (Wounds Received in Action) of the applicant’s WD AGO Form 53l-55 states “None”.

8.  DA Form 1577 (Authorization for Issuance of Awards), dated 17 November 1988, shows the Army Reserve Personnel Center in St. Louis, Missouri, determined the applicant was entitled to the POW Medal.  This award is also not shown on the applicant’s WD AGO Form 53-55. 

9.  The applicant’s DD Form 215, dated 7 November 1996, shows item 55 “PRISONER OF WAR FROM 17 FEB - 24 APR 43” [17 February 1943 - 24 April 1943].  The applicant provided a Western Union telegram, dated 24 April 1943, which reported he was a POW of the German Government.  A letter from the War Department, Army Service Forces, Office of the Provost Marshal General, dated 6 November 1943, provided notification to the applicant’s family of his POW status, transfer to Stalag 3B in Germany and POW number.  He provided a second Western Union telegram, dated 20 June 1945, which provided notification of his return to military control and pending return to the United States. 
   
10.  Army Regulation 615-5, at paragraph e, as changed by change 6, dated
23 May 1945 and further amplified in The Adjutant General’s Office (TAGO) letter, AG 383.6 (31 May 1945) OB-S-A-SPGAM-M, SUBJECT:  Change 2 to POW, dated 22 June 1945, made provisions for the promotion of certain enlisted and officer personnel who had been internees, missing in action, evading capture in enemy held territory, or prisoners of war during World War II.  Essentially, major commanders were authorized to promote these individuals one grade, without respect to unit vacancies, who were returned from the above status and who presumably would have been promoted except for “his” internment, evasion or capture, provided his status was considered honorable.

11.  A review of the enlisted rank/pay grade structure of the Army between 1 July 1920 and 31 July 1948, shows that the three lowest pay grades (grade 7 through grade 5) essentially consisted of a private (grade 7); private first class (grade 6); and corporal/technician five (grade 5); grade 4 personnel carried the rank title of sergeant/technician four; grade 3 personnel carried the rank title of staff sergeant or technician three.  During World War II, many enlisted personnel held a higher rank temporarily, with the title of “acting” before the rank, but no promotion orders were issued, and they were not entitled to pay at the higher rank level.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  Evidence of record shows the applicant was a POW during World War II.  Therefore, he is entitled to a one grade promotion for personnel who were captured, missing in action, or otherwise not in a position to be considered for promotion with the contemporaries.  Accordingly, he is entitled to correction of his military records to show that he was separated in the rank of private first class.    

2.  The applicant was awarded the CIB and the POW Medal; therefore, he is entitled to correction of his military records to show these awards.

3.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows that he was wounded as a result of hostile action.  Therefore, he is not entitled to award of the Purple Heart.

4.  Evidence of record shows the POW dates shown on the applicant’s DD Form 215, dated 7 November 1996, are incorrect.  Records show the applicant was captured by enemy forces on 17 February 1943 and released prior to 20 June 1945, not on 24 April 1943.  The Board concludes that the evidence of record supports the applicant’s contention that he was released on 24 April 1945.  Therefore, he is entitled to correction of his DD Form 215 to show these dates. 

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

     a.  by showing that the individual concerned was separated from active duty with the rank of private first class, grade 6, on 28 August 1945; and

     b.  by showing that the individual concerned was awarded the CIB and the POW Medal; and

     c.  by showing in item number 55 of the DD Form 215 “PRISONER OF WAR FROM 17 FEB 43 - 24 APR 45”. 

2.  That so much of the application as is in excess of the foregoing be denied. 

BOARD VOTE:  

GDP____  CLA_____  RWG___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON