BOARD DATE: 1 December 2015 DOCKET NUMBER: AR20150004566 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, correction of his records to show he was promoted to sergeant. 2. The applicant states: * he was a squad leader and he should have been a sergeant when he was captured * he was captured on 11 February 1951 and he was released on 5 September 1953 * he was next in line to be the squad leader when his squad leader, Master Sergeant J____, was killed * prior to his death, Master Sergeant J____ ordered him to take over the squad * what little mail he received in Camp H05 (Camp 5, Prisoner of War Camp, Pyoktong, Korea) showed Sergeant R____ C____ on the envelope * he was also in the U.S. Navy during World War II, sailing on the aircraft carrier U.S.S. Fanshaw Bay and he crossed the equator * he was wounded two times and he is grateful and happy to be alive 3. The applicant provides a self-authored statement and his DD Form 214 (Report of Separation from the Armed Forces of the United States). CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant's military and medical records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed the applicant's records were lost or destroyed in that fire. This case is being considered using the DD Form 214 and self-authored statement provided by the applicant and record extracts provided by the National Personnel Records Center. 3. After having prior honorable enlisted service in the U.S. Navy, the applicant enlisted in the Regular Army on 26 September 1950 in the rank of private first class. 4. The U.S. National Archives and Records Administration's Korean War Casualty File for the period 13 February 1950 to 31 December 1953 shows he was captured and held as a prisoner of war in the rank of private first class in South Korea on 12 February 1951 and he was returned to military control on 9 September 1953. 5. His DD Form 214 shows he was honorably discharged due to a disability on 31 January 1954 under the provisions of Army Regulation 600-450 (Personnel Separations for Physical Disability) in the temporary rank of corporal with a date of rank of 14 March 1951. 6. His available records are void of and he failed to provide orders promoting him to the rank of sergeant. 7. Army Regulation 600-450, in effect at the time, established the policies and procedures for separating Soldiers from the Army by reason of physical disability. 8. On 24 September 1945, the Secretary of War directed, in part, a one-grade promotion to all enlisted personnel below the grade of master sergeant who were in the status of prisoner of war, evader, or escapee, for a period of 18 months or longer and provided that the circumstances surrounding their loss to the Army of the United States were honorable. DISCUSSION AND CONCLUSIONS: 1. Although the applicant's military and medical records were destroyed by fire, the Korean War Casualty File shows he held the rank of private first class when he was captured and he was held as a prisoner of war from 12 February 1951 to 9 September 1953. 2. His DD Form 214 shows he was promoted to corporal with an effective date of 14 March 1951. In accordance with the Secretary of War directive in effect at the time, it appears he was promoted one grade during the period he was held captive. 3. In view of the above evidence and without further promotion orders, there is an insufficient basis to grant the requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __X______ __X______ __X___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___________X______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20150004566 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004566 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1