MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           18 June 2002                  
	DOCKET NUMBER:   AR2002067458

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Allen L. Raub		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 he be promoted.

APPLICANT STATES:  That he should be promoted to the rank of technician 4 because he was a prisoner of war (POW) from 17 December 1944 until 13 April 1945.

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 reconstructed personnel records.

The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows that the applicant was inducted on 3 March 1943.  He served in the European Theater of Operations, arriving there on 18 November 1944 and returning to the United States on 15 May 1945.  He received campaign credit for the Northern France, Ardennes-Alsace and Rhineland campaigns and was authorized the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal with three bronze service stars, the American Campaign Medal, the World War II Victory Medal and the Marksman Qualification Badge with Rifle Bar.  On 16 November 1945 he was separated as a technician 5 with an honorable discharge.

His WD AGO Form 100 (Separation Qualification Record) shows his rank as technician 5 as does his Final Payment Work Sheet.

In mid 1945 and shortly thereafter, numerous policy letters were issued concerning the promotion of World War II POWs, escapees and evaders.  Except for personnel who had served in the Dutch East Indies, the Philippines, or on Wake Island or Guam prior to May 1942, these directives uniformally provided for a one-grade promotion for individuals who had been POWs (or otherwise honorably absent from military control) for 18 months or more.  The policy applied to officers below the rank of colonel and enlisted personnel below the rank of master sergeant.

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 applicant was a POW for approximately 4 months.  He did not qualify under the special provisions that provided for promotion of those soldiers who had been in a POW or related status for at least 18 months.

2.  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.

3.  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.

NOTE:  The applicant was authorized the POW Medal by a DA Form 1577 (Authorization for Issuance of Awards) published by the Army Reserve Personnel Center on 25 October 1988.  ARBA Support Division, St Louis will be requested to issue a DD Form 215 (Correction) to his discharge document.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_KAK___  __MHM __  __ALR__  DENY APPLICATION

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

INDEX

CASE ID	AR2002067458	
SUFFIX		
RECON		
DATE BOARDED	20020618	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.