MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  9 November 2000
	DOCKET NUMBER:  AR2000045447

	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	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Ms. Barbara J. Lutz		Member	
	Mr. Orville W. Troesch		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: That his records be corrected to show that he was promoted from PFC (private first class) to corporal, based on his internment by the German Government as a prisoner of war (POW).

APPLICANT STATES: That his WD AGO Form [100] indicates he was a PFC Armorer and he should have been promoted to corporal upon repatriation.

EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources and the individual.

On 4 October 1943, he was inducted into the Army of the United States; however, he entered active duty on 25 October 1943.  He completed his required training as an Infantryman.

During the period 6 April 1944 through 21 June 1945, he served in the European Theater of Operations, as a private.

During an unspecified period, he attended a service school at the American School Center, England.  There is no evidence of the type training he received; however, upon his return to the United States, he was assigned the duties and military occupational specialty 511 (Armorer).

During the period 7 August 1944 to 27 April 1945, he was interned by the German Government, as a POW, in the rank of private.

Upon his return to Fort Knox, Kentucky, he was assigned as an Armorer and to a position calling for PFC.

On 11 November 1945, he was honorably discharged, in the rank of PFC under Army Regulation 615-365, based on demobilization.  His separation document indicates he had 2 years, 1 month and 8 days of creditable service.  He was entitled to award of the Bronze Star Medal (based on award of the Combat Infantryman Badge (CIB), the CIB, the Good Conduct Medal, the European-African-Middle Eastern Theater of Ribbon with 3 bronze service stars (Normandy, Northern France and Central Europe), and the World War II Victory Medal.  He has since been awarded the POW Medal.

Army Regulation 615-5 (Appointment and Reduction of Noncommissioned Officers and Privates First Class), dated 30 June 1943, indicates, in pertinent part, that “Oversea theater commanders and the Commanding Generals, Army Air Forces, Army Ground Forces, and Army Service Forces, may waive the requirement of an authorized vacancy to appoint temporarily to the next higher enlisted grade any enlisted person below the first pay grade who is returned to United States military control from a status of – (1) Internee, (2) Missing in action, (3) Evading capture in enemy held territory, or (4) Prisoner of war (including those repatriated under the provisions of the Geneva convention), and who presumably would have been promoted except for his internment, evasion or capture, provided that the circumstances surrounding the individual’s loss to the Army of the United States were honorable.  Subsequent promotions of personnel who presumably would have been advanced more than one grade but for the fact of their internment, evasion or capture may be effected by these commanders without regard to vacancy upon actual demonstration of ability by performance of duties of the higher grade.”

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

1.  The evidence of record shows the applicant served as a private up to and including his internment as a prisoner of war and was promoted to PFC upon his repatriation.

2.  The WD AGO Form 100 referenced by the applicant shows he served in a PFC position, as an Armorer, at Fort Knox, Kentucky after his return to the United States and just prior to his discharge.

3.  WD AGO Form 100 “Military Occupational Assignments” section is not reflective of actual rank held, but that the individual concerned served in a position calling for that rank.  The actual grade held is shown under “Grade” of that same form.  In this case it shows PFC.

4.  Army Regulation 615-5 indicates a commander may waive the requirement of an authorized vacancy to appoint temporarily to the next higher grade and the evidence of record indicates that was accomplished.  The applicant was not recommended for promotion to the rank of corporal.

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:

________  ________  ________ GRANT

________  ________  ________ GRANT FORMAL HEARING

__jp___  ___bl_____  ___ot____ DENY APPLICATION

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

INDEX

CASE ID	AR2000045447	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001109	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.130	POW Prom	
2.		
3.		
4.		
5.		
6.