PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            21 December 1999
	DOCKET NUMBER:   AR1999026995

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Hubert O. Fry, Jr.		Chairperson	
	Ms. Meta Waller		Member	
	Ms. Debra Williams		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, that he be promoted to the rank of staff sergeant (S/Sgt) for being made a squad leader and to technical sergeant (T/Sgt) for having been a prisoner of war (POW).

3.  The applicant states, in effect, that on the morning of 16 November 1944, he was a private first class (Pfc) and later that day his lieutenant promoted him to squad leader, which would have made him a S/Sgt.  In addition, because all POWs were authorized a one grade promotion, he should then have been promoted to T/Sgt.  On 21 November 1944, his lieutenant was wounded and later on that same night he went missing in action (MIA) and was wounded.  On 
22 November 1944, he was captured in Bourheim.  The applicant believes that there is more than sufficient evidence included in the eight exhibits he enclosed with his application to support his request.  The most significant documents included among his exhibits are a letter from his lieutenant to his parents; his honorable discharge; his separation qualification record; his POW medical history; and the Secretary of War telegram to his mother verifying his MIA status.

4.  The applicant’s military records show that on 16 March 1943, the applicant enlisted in the Army of the United States (AUS) at Sacramento, California.  He served a total of 2 years, 9 months, and 5 days until his honorable discharge, in the rank of corporal (Cpl), on 23 November 1945.  The applicant was discharged by reason of convenience of the government based on demobilization.

5.  The record contains a War Department (WD) Adjutant General Office (AGO) Form 53-55 which documents that the applicant served in the European Theater of Operations for 8 months and 24 days during World War II and that he received two Purple Hearts; the Good Conduct Medal; the European African Middle Eastern Campaign Medal; the American Campaign Medal; and the World War II Victory Medal. 

6.  The record includes a War Department Letter, dated 5 November 1945, awarding the applicant a Combat Infantryman Badge (CIB), and action taken by Department of the Army in 1990, awarded the applicant the Bronze Star Medal as a result of his having earned this CIB.  The record also includes documentation that the applicant was awarded the POW Medal on 6 July 1998, by the Army’s Personnel Command, St. Louis Missouri.  This action was taken upon submission of supporting documentation by the applicant and verification of his POW status by Army officials.  

7.  A Secretary of War telegram verifies that the applicant was declared missing in action on 21 November 1944, and documents submitted in support of a POW Medal application verifies that the applicant was wounded and captured by German forces on 22 November 1944.  He remained a POW until May 1945 when he managed to escape.  Also provided by the applicant is a letter from his platoon leader, dated 8 August 1945, in which he provides a statement in support of the applicant’s promotion to S/Sgt.  

8.  In his statement the lieutenant comments that he wished to verify that the applicant was a squad leader in his platoon on the 21st of November 1944, and that the applicant would have been promoted to S/Sgt if he had not been captured.  The lieutenant added that he was wounded in the action of 
21 November and had since been transferred to another unit and he was not able to join his former company.  He provided his new unit address and offered to provide any further details or information necessary in regard to the applicant’s promotion eligibility.  Attached to this statement is also a letter from the platoon leader to the applicant’s parents in which he verified the applicant’s status as a squad leader.

9.  Army Policy on special promotions for POWs was contained in a War Department Letter, dated 19 February 1945.  The letter’s subject title was Procedures for Processing, Return and Reassignment of Recovered Personnel (Short Title: POW).  The purpose of the letter was to establish operating procedures for processing and disposition of recovered United States military personnel.  It stated, in pertinent part, that enlisted personnel may be promoted one grade provided there is a reasonable presumption that they would have been so promoted at some prior date but for their loss to the United States military.  

10.  A change 2 to the POW policy letter was published on 22 June 1945.  This change stated, in pertinent part, that the Army had adapted a policy of giving special consideration toward promotion of recovered POWs.  Briefly stated, the policy was that if the Army considered that a recovered POW presumably would have been promoted had they not been a POW, and if qualified for a higher grade, they would be promoted one grade.  In addition, if the Army considered a member presumably would have been promoted more than once, a further opportunity for advancement an additional grade would be given at their new duty station.

CONCLUSIONS:

1.  Special POW promotion policy, in effect at the time, provided for a one grade promotion immediately upon the recovery of a POW; in addition, the policy allowed for additional promotion consideration for further advancement at their next duty station, if they presumably would have been promoted to those grades while they were a POW.  In the opinion of the Board, the platoon leader recommendation that the applicant be promoted to S/Sgt satisfies the presumptive test of this policy.  Therefore, the applicant was eligible for promotion to S/Sgt while he was a POW.

2.  Additionally, the record shows the applicant met the eligibility criteria for immediate promotion of one grade and consideration for promotion to a second grade, under the provisions of the special POW policy.  However, there is no indication in the evidence of record that these procedures were applied in the applicant’s case.  In the opinion of the Board, this resulted in an injustice being served on the applicant that should be corrected at this time.  

3.  The Board noted the applicant’s request that he be promoted to the rank of T/Sgt.  However, the Board found that the promotions allowed for under the special POW policy were all based on the presumption that a member would have been eligible for those promotions while they were a POW.  The record does not show that the applicant ever attained eligibility for promotion to T/Sgt while in a POW status.  Therefore, there is no basis to grant this relief.  

4.  While the applicant did not address these issues, during the review of this case the Board noted that the applicant’s WD AGO 53-55 did not include the CIB he had been awarded on 5 November 1945.  The Board determined this award should be added to his record at this time.  

5.  In addition, the applicant’s separation record does not include the Bronze Star and POW Medals awarded to him subsequent to his discharge.  Although these awards were authorized after his discharge, the Board decided it would be appropriate to include these awards in the applicant’s separation document at this time.  

6.  In view of the foregoing, the applicant’s records should be corrected 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 discharged in the rank of S/Sgt; and

b. by adding the CIB, the Bronze Star Medal, and the POW Medal to the separation document of the individual concerned.  

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

BOARD VOTE:  

__dw____  __mw___  __hof____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Hubert O. Fry, Jr._____
		        CHAIRPERSON

INDEX

CASE ID	AR1999026995	
SUFFIX		
RECON		
DATE BOARDED	1999/12/21	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1945/11/23	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	Demobilization	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  310	131.0000	
2.  75	107.0029	
3.  157	107.0111	
4.  60	107.0014	
5.		
6.