MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            5 August 2003
	DOCKET NUMBER:   AR2003087722

	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. Gerard W. Schwartz		Analyst	

  The following members, a quorum, were present:

	M . Luther L. Santiful		Chairperson	
	M . Curtis L. Greenway		Member	
	M . Ronald J. Weaver		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:  In effect, that he be promoted in rank from Staff Sergeant to Technical Sergeant.

APPLICANT STATES:  In effect, that he was taken prisoner on 27 January 1944 at Anzio, Italy, and liberated on 29 April 1945.

In support of his application, he submits page 58 of the American Legion Magazine referencing the article "Navy, Marine Corps offer POW's a step up".  The applicant also submitted an honorable discharge certificate, WD AGO Form No. 100 (Army Separation Qualification Record) and letter of explanation.

EVIDENCE OF RECORD:  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 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) and WD AGO Form No. 100.

On 16 January 1941, the applicant entered the Regular Army and he completed the required training and was awarded military occupational specialty of Rifleman.  The applicant was separated with an honorable characterization of service on 24 August 1945 from Fort Devens, Massachusetts.  The highest pay grade he achieved was Grade 3, Staff Sergeant.

The WD AGO Form No. 100 shows that the applicant was a prisoner of war in Germany in the grade of Staff Sergeant.

The DD Form 2510 (Prisoner of War Medal Application/Information) shows the dates of POW confinement as 27 January 1944 to 29 April 1945.  Further, his records contain notification of POW status by the German government dated 24 February 1944.  This document shows the applicant was captured by the German forces on 27 Jan 1944 at Anzio, Italy.  It also shows that at the time of his capture, his rank was Staff Sergeant.

There is also no evidence which show the applicant was promoted to Technical Sergeant prior to his separation on 23 August 1945.

From 1 September 1942 through 31 July 1948, the enlisted grade structure consisted of seven grades:

	Grade 7 - Private
	Grade 6 - Private First Class
	Grade 5 - Corporal
	Grade 4 - Sergeant
	Grade 3 - Staff Sergeant

	Grade 2 - Technical Sergeant
	Grade 1 - Master Sergeant / First Sergeant

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 was honorable.

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 Board considered the applicant’s request for promotion in rank from Staff Sergeant to Technical Sergeant and the documents which he submitted in support of his claim.

2.  The Board noted The American Legion Magazine article which stated, in effect, that the Army granted all prisoners of war a one-grade promotion, retroactive to the day they were captured.  However, the qualifications for this type of promotion were not explained in the article.

3.  The applicant's own letter and his official personnel records identify his length of captivity as one year and three months (27 January 1944 to 29 April 1945).  The promotion of recovered prisoners of war disposition form specifically states that the individual must be in a prisoner of war status for 18 months or longer in order to qualify for promotion of one grade.  Since the applicant did not meet this qualification, he is not eligible for the promotion.

4.  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.

5.  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

_LLS____  __CLG__  __RJW__  DENY APPLICATION

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

INDEX

CASE ID	AR2003087722	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	131.0900.0000	
2.		
3.		
4.		
5.		
6.