PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  21 December 2000
	DOCKET NUMBER:  AR2000045047

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Ms. Gail W. Wire		Member	
	Mr. Ernest W. Lutz		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 that he be advanced in rank for each 6-month period as a former prisoner of war (POW) and that his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show his length of time as a POW.

3.  The applicant states, in effect, that he was not advanced in rank for each 
6-month period as a POW and that his WD AGO Form 53-55 does not show his
POW status from 9 September 1943 to 13 April 1945.  In support of his application he submits a copy of his WD AGO Form 53-55.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he enlisted on 8 September 1942 
as a personal affairs consultant.  He served in the European-African-Middle Eastern Theater of Operations from 18 April 1943 to 28 April 1945 and was honorably discharged on 11 November 1945.

5.  The Total Army Personnel Command has provided evidence that shows that the applicant was captured and held as a POW in Germany during World War II from 20 October 1943 to 13 March 1945  (approximately 17 months) as a Private First Class (PFC).

6.  The applicant’s WD AGO Form 53-55, which was authenticated in his own hands, shows in item 38 (Highest Grade Held) the entry “Cpl” (corporal).  This discharge document also show in item 3 (Grade) the entry “Cpl” (corporal).

7.  The applicant’s records contain a War Department Form 372A (Final Payment-Work Sheet) which shows his grade as “CPL.”

8.  The applicant’s records do not show the date the applicant was advanced 
to corporal as a POW.

9.  The applicant’s WD AGO Form 53-55, which was authenticated in his own hand, does not show his length of time as a POW. 

10.  The applicant’s WD AGO Form 53-55 shows that he was awarded the 
European-African-Middle Eastern Campaign Medal with one bronze service
star, the Combat Infantryman Badge (CIB), the Good Conduct Medal, the American Theater Campaign Medal and the World War II Victory Medal.

11.  A DA Form 1577 (Authorization for Issuance of Awards), dated 15 June 1988, shows the Army Reserve Personnel Center in St. Louis, Missouri, determined the applicant was entitled to be issued the POW Medal.

12.  The Board notes the applicant’s discharge document shows that he was awarded the Combat Infantryman Badge.  There is no evidence that the applicant was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge.

13.  Army Regulation 615-5, at paragraph e, as changed by change 6, dated 23 May 1945 and further amplified by The Adjutant General’s Office (TAGO) letter, AG 383.6 (31 May 1945) OB-S-A-SPGM-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 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.

14.  The Total Army Personnel Command (PERSCOM) has advised the Board that a message, date time group 212259 September 1945, from the Military Personnel Division, Army Service Forces, Washington, D.C., stated that all recovered enlisted personnel, below the grade of master sergeant, who had been absent from military control under honorable conditions for at least 18 months, would receive a one grade promotion.

15.  Army regulation 635-5 establishes the standardized policy for preparing and distributing discharge documents.  In pertinent part, it directs that, in the case of prisoners of war, the unit of assignment, country, and dates of capture and release will be entered in the “Remarks” section of the discharge document.

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the POW Medal.  The regulation states that the POW Medal was authorized on 8 November 1985 and is awarded to individuals who in past-armed conflicts were taken prisoner or held captive.

17.  Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was
confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

CONCLUSIONS:

1.  The evidence of record shows that he was serving as a “PFC” at the time of his capture during World War II.  The evidence of record also shows that the highest grade held was “Cpl” and that he was discharged in the rank of “Cpl.”

2.  The evidence of record shows that he was a POW for approximately 
17 months, was advanced to corporal, and that his date of rank is unknown.  
However, regulations in effect at that time, 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.  

3.  The Board notes that regulations in effect at that time, also stated that major commanders were authorized to promote individuals one grade, without respect to 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.  The Board notes that the applicant was promoted one grade as a POW.  Therefore, he is not entitled to any additional promotions and is not entitled to be promoted for each 6-month period as a POW.

4.  The evidence or record shows that he was a POW from 20 October 1943 to 13 March 1945.  Therefore, he is entitled to correction of his WD AGO Form 
53-55 to show his length of service as a POW from 20 October 1943 to 13 March 1945.

5.  The applicant is entitled to an award of the POW Medal.  Therefore, he is entitled to correction of his records to show this award.

6.  The evidence of record also shows the applicant is entitled to the Bronze Star Medal based on award of the CIB; however, this award was not shown on his discharge document.  Therefore, he is entitled to correction of his records to show the award of the Bronze Star Medal based on award of the CIB.

7.  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 the entry “Prisoner of War 20 October 1943 to 13 March 1945” in item 55 (Remarks) on the WD AGO Form 53-55; and

b.  by showing in item 33 (Awards and Decorations) that he was awarded the POW Medal and the Bronze Star Medal.

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

BOARD VOTE:  

__kk___  ___gw___  __el____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Karol A. Kennedy__
		        CHAIRPERSON

INDEX

CASE ID	AR2000045047	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001221	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451111	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  310		
2.  1021		
3.  46		
4.		
5.		
6.