MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           18 April 2002                   
	DOCKET NUMBER:   AR2002069113

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Ronald E. Blakely		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 he was promoted to sergeant prior to his discharge.

APPLICANT STATES:  That he believes he should have been promoted to sergeant when he was discharged because he was a prisoner of war (POW).  He was promoted to corporal before he was discharged because he was a Browning automatic rifleman.  

EVIDENCE OF RECORD:  The applicant's military records show:

He was inducted into the Army on 26 January 1943.  He arrived in the European-African-Middle Eastern Theater of Operations on 1 February 1944.  He was promoted to private first class on 1 June 1944.  He was captured by the Germans on 20 January 1945.  He was returned to military control on 18 April 1945.  

By letter Army Forces Service, Headquarters, 2d Service Command dated        23 January 1946, the recommendation to promote the applicant to corporal was approved.  He was promoted to corporal effective 23 January 1946.  He was discharged on 12 April 1946 with a Certificate of Disability.  His Report of Separation, WD AGO Form 53-55, shows he was awarded, among other decorations, the Combat Infantryman Badge.  

War Department message dated 21 September 1945, File No. SPGAM/383.6 Gen (21 Sep 45)-84, provided that all enlisted personnel below the grade of master sergeant who were in the status of POW, evader or escapee, provided such personnel were in such status for a period of 18 months or longer and provided that the circumstances surrounding their loss was honorable, would be promoted one grade.

Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations and service medals.  It provides for the award of the Bronze Star Medal to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.

Army Regulation 600-8-22 also provides for the award of the POW Medal to soldiers who were taken prisoner and held captive while engaged in an action against an enemy of the United States.  

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 substantiates that the applicant was a POW; however, the requirement for promotion upon return to military control was to have been in a POW status for 18 months.  The applicant was a POW for two months.  

2.  The applicant is eligible for award of the Bronze Star Medal based upon award of the Combat Infantryman Badge.  He is eligible for award of the POW Medal.  These awards should be added to his WD AGO Form 53-55.

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 Army Review Boards Agency, Support Division, will be directed to administratively correct the applicant’s records by authorizing issuance to him of the Bronze Star Medal and the POW Medal and by amending his WD AGO Form 53-55 to show he was awarded the Bronze Star Medal and the POW Medal.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__fne___  __bje___  __reb___  DENY APPLICATION

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

INDEX

CASE ID	AR200269113	
SUFFIX		
RECON		
DATE BOARDED	20020418	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.