MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE                            12 October 2000 
	DOCKET NUMBER:                   AR20000038902

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

	Mr. Carl W. S. Chun		Director	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. John D. Miller		Chairperson	
	Mr. John E. Denning		Member	
	Ms. Carol J. Suiter 		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  In effect, promotion to the next higher grade as 
a former prisoner of war (POW).

APPLICANT STATES:  In effect, that he is a former POW and a retired sergeant first class (SFC).  He also states that during the past four years he was informed by former POWs that they were promoted to the next higher grade similar to the POWs released from Kosovo.  He further states that he is entitled to promotion to the next higher grade as a POW which he has earned and that he does not want any back pay or fanfare.  In support of his application he submits a copy of his retirement orders, copies of his DD Forms 214, a copy of his DA Form 20 (Enlisted Qualification Record), two copies of a Western Union Telegram from the Adjutant General of the Army, copy of orders awarding him the Purple Heart, a copy of his claim receipt, a copy of a request for information, dated 19 October 1955 and a copy of his enlisted efficiency report.

EVIDENCE OF RECORD:  The applicant's military records show that he enlisted on 16 March 1948 and continued to serve through a series of continuous reenlistmens until he was placed on the Army of the United States Retired List effective 31 March 1974 in the pay grade of SFC/E-7.

The applicant provided a copy of his DA Form 20 which shows that he was 
promoted to the pay grade of Private First Class (PFC)/E-3 on 27 February 1950 and to Corporal (CPL)/E-4 on 18 September 1951.  His DA Form 20 also shows that he was a POW in Korea from 20 July 1950 to 21 October 1950.  There is
no evidence in his records that he was in a promotable status from pay grade E-3 to pay grade E-4 prior to his capture by enemy forces.

The applicant provided two copies of a Western Union Telegram from the Adjutant General of the Army which shows that he was returned to military control on 21 October 1950 and was wounded in action in Korea on 20 October 1950 while in a POW status.

Item 3 (Grade-Rate-Rank and Date of Appointment) on the applicant’s DD Form 214 with a separation date of 27 December 1951 shows the entry “Cpl (T)” [Corporal (Temporary)] 18Sep51 [18 September 1951].

The applicant’s records contain a copy of a letter dated 6 August 1956, Subject: Temporary Promotion, which indicated that the applicant was not eligible for promotion under the provisions of General Orders Number 39, dated 1 May 1953, due to the fact that he had already received a promotion (Corporal) subsequent to his return to military control by the Secretary of the Army.
This letter also indicated that paragraph 4, General Order Number 39, dated 

1 May 1953, provided for automatic promotion to temporary grade next above that held on entry into MIA status for those enlisted members who were in a promotable status and who had not received a promotion, reduction, or had a break in service in excess of 90 days subsequent to return to military control. 

Special Regulation 615-25-50, in effect at that time, prescribed the policy and procedures of promotions during periods of rapid expansion of enlisted personnel.  Paragraph 8 applied to promotion of prisoners of war, internees, or personnel evading or escaping capture.  It stated that any individual in a promotable status, who had been a prisoner of war or internee, or who had remained at large while escaping or evading capture for a period of more than
6 months may, upon return to military control, be promoted to that grade, if any, to which he might have been promoted had he not been absent.

In the processing of this case an advisory opinion (COPY ATTACHED) was provided by the Total Army Personnel Command (PERSCOM) Promotions Branch.

The PERSCOM advisory opinion stated that the applicant previously applied, under the provisions of General Order 39, dated 1 May 1953, for promotion to Corporal (CPL) while in a POW status in December 1953.  General Order Number 39 provided for automatic promotion to temporary grade above that held on entry into missing in action (MIA) status for those enlisted members who were in a promotable status and who had not received a promotion, reduction, or had a break in service in excess of 90 days subsequent to return to military control.  

PERSCOM also stated that by the time the applicant submitted his request he had already been promoted to CPL on 18 September 1951.  PERSCOM further stated that since the applicant had been promoted subsequent to his release as a POW, the Adjutant General of the Army replied to the applicant that he was not eligible for promotion under General Order 39.  The advisory opinion concludes by recommending that the applicant’s request be denied.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  The evidence of record shows that the applicant was promoted to the pay grade of PFC on 27 February 1950, was a POW for three months during the period 20 July 1950 to 21 October 1950 and was promoted to CPL on 18 September 1951.

2.  The Board noted that the applicant was not eligible for promotion under the provisions of General Orders Number 39, dated 1 May 1953, due to the fact that he had already received a promotion to CPL subsequent to his return to military control by the Secretary of the Army.

3.  The Board also noted that the applicant was only a POW for 90 days in grade PFC. However, regulation in effect at that time, states that individuals in a promotable status who had been a POW for a period of 6 months may, upon return to military control be promoted to that grade, if any, to which he might have been promoted had he not been absent.  

4.  The Board further noted that the applicant was not in a promotable status
prior to his capture, was not promoted upon his return but was subsequently promoted to CPL on 18 September 1951.  Therefore, he is not entitled to correction of his records to show that he was promoted to the next higher grade as a former POW.

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the
record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

JDM____  JED_____  CJS____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000038902	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001012	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19730401	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  310		
2.		
3.		
4.		
5.		
6.