PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           5 October 2000                  
	DOCKET NUMBER:   AR2000043111

	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. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley Powell  		Chairperson	
	Mr. Elzey J. Arledge 		Member	
	Mr. Jaime Perez		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 promotion to the rank of private first class effective
15 May 1944 and entitlement to back pay.

3.  The applicant states that his promotion was erroneously omitted from his service record.  He contends that he was taken prisoner in June 1944 and the error was not discovered until his discharge in 1945.  In support of his application, he submits a letter, dated 4 August 1999, from his company commander at the time in question; a letter from the War Department, dated 
24 May 1946; a Western Union Telegram, dated 10 August 1944; copies of correspondence from the applicant while he was being held as a prisoner of war; and a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation). 

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 in the Army of the United States on 20 September 1940 and was honorably discharged on
4 November 1941.  He was inducted on 17 July 1942, served as a light truck driver in the European Theater of Operations from 18 December 1943 until approximately 1 July 1945 and was honorably discharged on 30 September 1945.   

5.  Item 3 (Grade) on the applicant’s WD AGO Form 53-55 shows the entry “PVT” [private].  Item 38 (Highest Grade Held) on the WD AGO Form 53-55 shows the entry “PFC” [private first class].

6.  The applicant provided a letter, dated 4 August 1999, from his company commander at the time in question who states that the promotion policy was that every enlisted man in the company be promoted to the highest grade practicable, commensurate with his position and qualifications, before entry into combat operations.  He goes on to state that there is no doubt concerning the applicant’s qualifications to serve in the grade of private first class, therefore, there should be no doubt concerning the applicant’s claim that he was, in fact, promoted.  He states that he supports the applicant’s claim that he was serving in the grade of private first class at the time of his capture on 9 June 1944.  The applicant provided copies of a Western Union Telegram and correspondence written while he was held captive which shows his rank as private first class.  

7.  The available records contain a letter from the Army Service Forces, Office of the Commanding General, Ninth Service Command in Fort Douglas, Utah, dated 4 October 1945, which shows “The Army considers that you presumably would have been promoted during the past months had you not been a prisoner of war, and that you are qualified for the grade of Pfc [private first class]”.  The letter also indicated that Special Orders were published authorizing the applicant’s advancement to the grade of private first class.
8.  The available records contain a letter from the War Department, The Adjutant General’s Office, Records Administration Center in St. Louis, Missouri, dated 16 April 1946, which notifies the applicant of his promotion based on his status as a prisoner of war.  This letter also states “A copy of this letter has been forwarded to the Army Service Forces, Office of the Fiscal Director, Central Field Fiscal Office, Army Central Adjustment Office, 4300 Goodfellow Boulevard, St. Louis 20, Missouri.  Any correspondence pertaining to an adjustment in pay due on account of this promotion in grade should be directed to that office.”

9.  His records contain another letter from the War Department, The Adjutant General’s Office, Records Administration Center in St. Louis, Missouri, dated 24 May 1946, which shows “The records show that [applicant] was promoted to private first class 25 February 1943, and reduced to grade of private 15 October 1943 per Company Order 16, Company E, 507th Parachute Infantry. No record has been found to show that he was promoted prior to 6 June 1944, when he was reported missing in action.”

10.  DA Forms 1577 (Authorization for Issuance of Awards), dated 26 August 1988 and 31 July 1991, show the Army Reserve Personnel Center in St. Louis, Missouri, determined the applicant was entitled to the Prisoner of War Medal, the Bronze Star Medal (based on award of the Combat Infantryman Badge), the American Campaign Medal, the Combat Infantryman Badge and the Army of Occupation Medal with Germany Clasp.  These awards are not shown on his discharge document.

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 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.  

CONCLUSIONS:

1.  The applicant’s discharge document shows that he was separated in the grade of private on 30 September 1945.  His discharge document also shows that the highest grade held was private first class during World War II.

2.  The Board noted that 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.   

3.  Although the applicant contends that he was promoted to private first class on 15 May 1944 and his company commander at the time in question supports his claim, evidence of record shows that the applicant was promoted to private first class on 25 February 1943, reduced to private on 15 October 1943 and was not promoted prior to 6 June 1944.  Therefore, the applicant is not entitled to promotion to private first class effective 15 May 1944 or entitlement to back pay.

4.  The applicant was a prisoner of war during World War II.

5.  After his separation from active duty, the Army determined that the applicant was qualified for the grade of private first class on 4 October 1945 based on special consideration toward promotion of soldiers who had been prisoners of war.  Therefore, he is entitled to correction of his military records to show that he was separated in the rank of private first class on 30 September 1945.   

6.  Evidence of record shows the applicant was notified in writing on 16 April 1946 that any correspondence pertaining to an adjustment in pay due on account of his promotion in grade should be directed to the Army Service Forces, Office of the Fiscal Director, Central Field Fiscal Office, Army Central Adjustment Office in St. Louis, Missouri. 

7.  The applicant was awarded the Prisoner of War Medal, the Bronze Star Medal (based on award of the Combat Infantryman Badge), the American Campaign Medal, the Combat Infantryman Badge and the Army of Occupation Medal with Germany Clasp.  Therefore, he is entitled to correction of his military records to show these awards.

8.  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 30 September 1945; and 

	b.  by showing that he was awarded the Prisoner of War Medal, the Bronze Star Medal (based on award of the Combat Infantryman Badge), the American Campaign Medal, the Combat Infantryman Badge and the Army of Occupation Medal with Germany Clasp.

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

BOARD VOTE:  

SP_____  EJA_____  JP______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Shirley Powell_______
		        CHAIRPERSON

INDEX

CASE ID	AR2000043111	
SUFFIX		
RECON		
DATE BOARDED	20001005	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19450930	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON	Convenience of the Government	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	131.0000	
2.		
3.		
4.		
5.		
6.