PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           18 October 2001                   
	DOCKET NUMBER:   AR2001060061

	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:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Barbara J. Ellis 		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, in effect, correction of his military records to show that he was separated from active duty on 23 December 1945 with the rank of sergeant/grade 4. 

3.  The applicant states that approximately six weeks prior to his capture by the Germans he received a battlefield promotion to the rank of sergeant.  He contends that he was captured on 22 January 1945 and held prisoner until 
22 April 1945. 

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 was inducted on 
17 August 1943.  He served as a rifleman in the European Theater of Operations from 18 April 1944 through 10 July 1945 and was honorably discharged on 
23 December 1945.

5.  Item 3 (Grade) on the applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows the entry “PFC” [private first class].  Item 
38 (Highest Grade Held) on his WD AGO Form 53-55 also shows the entry “PFC”.  

6.  There is no evidence in the available records which shows the applicant was promoted to sergeant/grade 4.

7.  The applicant’s name is listed in the Adjutant General’s Roster of Prisoners of War which was compiled in 1950.  This document shows that the applicant was a Prisoner of War (POW) from 23 January 1945 to 26 April 1945 in Germany. 

8.  The applicant’s WD AGO Form 53-55 does not show that he was a POW or the POW Medal as an authorized award.

9.  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.
  
10.  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.

11.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  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.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Prisoner of War (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.

CONCLUSIONS:

1.  Evidence of record shows the applicant was honorably discharged on 
23 December 1945 in the grade of private first class/grade 6.  Evidence of record also shows that the highest grade held by the applicant was private first class/grade 6.

2.  The Board considered the applicant’s contention that he received a battlefield promotion to the rank of sergeant.  However, there is no evidence of record, and the applicant has provided no evidence, which shows he was promoted to sergeant/grade 4 prior to his separation on 23 December 1945. 

3.  Evidence of record shows the applicant was a POW from 23 January 1945 to 26 April 1945.  Therefore, he is entitled to a one grade promotion for personnel who were captured, missing in action, or otherwise not in a position to be considered for promotion with the contemporaries.  Accordingly, he is entitled to correction of his military records to show that he was separated in the rank of corporal/grade 5.    

4.  The applicant is also entitled to correction of his discharge document to show his POW status and award of the POW Medal.  

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

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 corporal, grade 5, on 23 December 1945; and

     	b.  by showing that the individual concerned was awarded the Prisoner of War Medal; and

   	c.  by showing in item 55 (Remarks) on his WD AGO Form 53-55 the entry “PRISONER OF WAR, 3RD DIVISION, GERMANY, 450123 - 450426”. 

BOARD VOTE:  

FNE____  MHM___  BJE_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Fred N. Eichorn________
		        CHAIRPERSON

INDEX

CASE ID	AR2001060061	
SUFFIX		
RECON		
DATE BOARDED	20011018	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	102.0200	
2.	107.0029	
3.		
4.		
5.		
6.