PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           13 March 2001
	DOCKET NUMBER:   AR2000045435

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Donald P. Hupman, Jr.		Member	
	Mr. John T. Meixell		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 his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show he was awarded the Prisoner of War (POW) Medal, his time served as POW, and all awards and decorations that he is entitled.  He also requests that his rank be adjusted for time served as a POW.

3.  The applicant states that the remarks section of his WD AGO Form 53-55 should show he was POW from 29 December 1944 to 31 January 1945.  He states that he should have been promoted for being a POW during World War II. He also states that he should be awarded the Bronze Star Medal (BSM) because he was awarded the Combat Infantryman Badge (CIB).  

4.  Counsel provides no comment beyond that of record.

5.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973.  The information herein was gleaned from a copy of the applicant’s separation document and reconstructed records.

6.  His separation document shows he was on inducted 7 January 1943 and was trained as a cook.  He was awarded the European-African-Middle Eastern Campaign Medal with 1 bronze service star, the Purple Heart, and the American Theater Ribbon.  He was honorably released from active duty on 2 April 1946 in the rank of Technician 4th grade.

7.  The applicant’s separation document does not show the POW Medal or the BSM as authorized awards.

8.  The applicant submitted a DD Form 2510 (Prisoner of War Medal Application/Information) on 30 May 1988 to the Army Reserve Personnel Center (ARPERSCOM) to be awarded the POW Medal.  The DD Form 2510 indicated the applicant was a POW from 26 December 1944 to 28 January 1945.  The applicant’s request was approved on 24 August 1988.  On 26 August 1988 DA Form 1577 (Authorization for Issuance of Awards) issued the applicant the POW Medal.

9.  On 20 March 2000 DA Form 1577 issued the applicant the BSM, the Good Conduct Medal, the American Campaign Medal, the World War II Victory Medal and reissued the European-African-Middle Eastern Campaign Medal with 
1 bronze service star, the Purple Heart, the CIB, and the POW Medal.

10.  The file indicates that on 24 November 1984 the applicant submitted a request to the Board for correction of his military records to show that he was promoted to the rank of staff sergeant.

11.  In the processing of that case, a staff advisory opinion was obtained from the Total Army Personnel Command (PERSCOM).  The opinion explained the POW directive that provided for the promotion of soldiers who were POW’s for a period of at least 18 months in order to receive a promotion of one grade.  PERSCOM opined that the applicant was a POW for less than 18 months and recommended disapproval of the applicant’s request.  The Board denied the applicant’s request on 28 June 1989.

CONCLUSIONS:

1.  The applicant is entitled to have his WD AGO Form 53-55 corrected to show that he was awarded the POW Medal for the period 26 December 1944 to 
28 January 1945.

2.  DA Form 1577 dated 20 March 2000 issued the applicant the BSM, the Good Conduct Medal, the American Campaign Medal, the World War II Victory Medal.  Therefore, his WD AGO Form 53-55 should be corrected to show these awards.

3.  The applicant was a POW from 26 December 1944 to 28 January 1945.  The Board notes that the applicant was a POW for less than 18 months and is not eligible for promotion in accordance with the POW promotion directive. 

4.  The applicant’s rank of Technician 4th grade at the time of his separation was correct and he has not shown otherwise.

5.  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, particularly the WD AGO Form 53-55 of the individual concerned, be corrected by showing that he was awarded the BSM, the Good Conduct Medal, the World War II Victory Medal, the American Campaign Medal, and the POW Medal, and to show in item 55 the entry “Prisoner of War from 26 December 1944 to 
28 January 1945”.

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

BOARD VOTE:  

___JH___  __DPH__  __JTM___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______June Hajjar_____
		        CHAIRPERSON

INDEX

CASE ID	AR	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010313	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.