PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           10 March l999                  
	DOCKET NUMBER:   AC98-10431
                                              AR1998012561

	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	
	Mr. Richard H. Allen		Analyst	

  The following members, a quorum, were present:

	Mr. Frank McCoy		Chairperson	
	Ms. Meta Waller		Member	
	Mr. Kenneth L. Wright		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 that he be promoted in rank like other soldiers who were prisoners of war (POW’s) during World War II (WWII).

3.  The applicant states that he was a POW from 20 February l943 to 25 May l945 and should have been promoted while he was a POW.  

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from partially reconstructed personnel records which show he was inducted on 
20 January l941.  He was trained as an Infantryman, and was assigned to the European Theater of Operations, arriving in England on 6 October l942.  He immediately transshipped to Africa arriving on 26 October l942.  He served as a Rifleman and was credited with participation in campaigns in Algeria/French Morocco, to include the invasion of Algiers (he received a bronze arrowhead for this invasion), and Tunisia.  

5.  He was taken prisoner by the German forces on 20 February l943, presumably while still in Africa.  He was returned to American control on 25 May l945.  He returned to the United States on 12 June l945.  He claims he was then hospitalized in New York.  On l5 December l944, he was demobilized and honorably discharged.  His WD AGO Form 53-55, Record and Report of Separation-Honorable Discharge show his discharge rank as private first class (PFC).  He was credited with the American Defense Service Medal and the European-African-Middle Eastern Service Medal, with three campaign credits for Algeria-French Morocco, Central Europe and Tunisia.  He had 9 days lost time.  

6.  A WD AGO Form l00, Army Qualification, prepared in connection with his separation processing, shows that he served with the rank of private for 3 months and for 4 years and 8 months as a PFC.  Dates of promotion are not shown on this document.  

7.  On 4 March l991, a review of his records was conducted by the US Army Reserve Personnel Center and he was authorized additional awards and decorations for his WWII service to include the Bronze Star Medal (based upon the award of the Combat Infantryman Badge, which he was also authorized), the Good Conduct Medal, the American Defense Service Medal, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal with one bronze arrowhead, the World War II Victory Medal, the Army of Occupation Medal, the POW Medal and the Honorable Lapel Button-WWII.  

8.  Army Regulation 615-5, at paragraph e, as changed by change 6, dated 
23 May l945 and further amplified in the Adjutant General’s Office (TAGO) letter, AG 383.6 (31 May l945) OB-S-A-SPGM-M SUBJECT:  Change 2 to POW, dated 22 June l945, 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 WWII.  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.   

9.  A review of the enlisted rank/pay grade structure of the Army between 
1 July l920 and 3l July l948, 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).  Various ranks of sergeant existed above grade 5.  

10.  The applicants records do not contain a final pay voucher so it cannot be conclusively documented whether he was promoted one rank/grade when he was returned from POW status.  Further, pay vouchers prior to l975 are no longer available within the Defense Finance and Accounting Service system.   

CONCLUSIONS:

1.  The evidence of record shows that the applicant served honorably between January l942 and December l945.  He spent more than 26 months in a POW status between February l943 and June l945.

2.  While it cannot be fully documented whether the applicant was advanced one pay grade upon return to American control, it appears that this was not accomplished.

3.  The applicant was in a transient status from Europe back to the United States when the policy changes concerning promotion of POW’s were announced.  Further, he was then assigned to a hospital, whose commander could not authorize the promotion of the applicant, even as a returning POW.  

4.  Further, it would be logical to expect that the applicant would have been promoted at least one pay grade to PFC between completion of his training (as a private) to the time of his capture.  

5.  In view of the foregoing, the applicant’s records should be corrected to show that he was promoted to the rank of corporal (the authorized rank for an Infantryman) as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was promoted to the rank of corporal, grade 5, upon his return to American control from a POW status effective 
25 May l945.  

BOARD VOTE:  

__KLW__  __MW___  _FKM___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-10431/AR1998012561	
SUFFIX		
RECON		
DATE BOARDED	19990310	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY	DASA	
ISSUES         1.	131.06	
2.		
3.		
4.		
5.		
6.