PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           28 August 2003     
	DOCKET NUMBER:   AR2003085876

	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. Arthur A. Omartian		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Harry B. Oberg		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 he was separated from active duty on 23 September 1945 with the rank of corporal. He also requests that he be compensated for this one-grade promotion.

3.  The applicant states that he was a prisoner of war in Germany from 
14 February 1943 to 12 May 1945.  He contends that he recently learned that the Army promoted prisoners of war one rank when they were released from active duty because of their prisoner of war status.  He states that he was a private first class when he was captured and was a private first class when he was discharged.  In support of his application, he submits a statement, dated 
27 January 2003; a Rating Decision from the Veterans Administration, dated 
26 April 1984; and a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation).

4.  The applicant’s military records have been lost or destroyed.  This case is being considered using reconstructed records.  The applicant's reconstructed records consist primarily of the WD AGO Form 53-55 which shows he was inducted on 17 February 1942.  He served as a supply clerk in the European Theater of Operations from 26 December 1942 through 1 June 1945 and was honorably discharged on 23 September 1945.

5.  At the time of the applicant's separation from active duty, his WD AGO Form 53-55 shows in item 3 (Grade) that he was discharged with the rank of private first class.  Item 38 (Highest Grade Held) indicates that the highest rank the applicant held was private first class.

6.  There are no promotion orders in the available records.  The applicant's final payment worksheet is not available.

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 in the rank of private first class from 14 March 1943 to 12 May 1945 in Germany. 

8.  War Department General Staff Disposition Form, dated 24 September 1945, Subject:  Promotion of Recovered Prisoners of War, directed that upon their return to military control, necessary action would be taken to promote one grade all enlisted personnel below the grade of master sergeant who were in the status of prisoner of war, evader or escapee, provided such personnel were in such status for a period of 18 months or longer and provided further that the circumstances surrounding their loss to the Army were honorable.   

CONCLUSIONS:

1.  Evidence of record shows the applicant was a prisoner of war in the rank of private first class from 14 March 1943 to 12 May 1945, a total of 26 months.  Evidence of record also shows the applicant was discharged with the rank of private first class.  Based on the foregoing, the Board determined that the applicant is entitled to a one-grade promotion to corporal in accordance with the War Department General Staff Disposition Form, dated 24 September 1945, and compensation.  Therefore, item 3 on the applicant's WD AGO Form 53-55 should be corrected to show corporal instead of private first class.
   
2.  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 be corrected by showing that the applicant was promoted to corporal on 12 May 1945 and separated from active duty with the rank of corporal on 23 September 1945.

2.  That the applicant be authorized any due pay and allowances.

BOARD VOTE:  

AAO___  TL______  HBO____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Arthur A. Omartian__
		        CHAIRPERSON

INDEX

CASE ID	AR2003085876	
SUFFIX		
RECON		
DATE BOARDED	20030828	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	131.0000	
2.	128.1400	
3.		
4.		
5.		
6.