PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           3 April 2003                   
	DOCKET NUMBER:   AR2002080688

	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. Samuel A. Crumpler		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Patrick H. McGann		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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show he was separated from active duty on 14 October 1953 with the rank of sergeant. 

3.  The applicant states that it is his understanding, by an act of Congress, when he was released from a Prisoner of War camp he should have "jumped" a rank, making him a sergeant.  In support of his application, he submits a statement, dated 6 June 2002, from a fellow soldier; a copy of his DD Form 214; DD Forms 1577 (Authorization for Issuance of Awards), dated 8 June 1988 and 12 August 1999; and a DD Form 2510 (Prisoner of War (POW) Medal Application/ Information), dated 26 April 1988.  

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show the applicant enlisted on 26 July 1948. He served in Korea and was captured on 2 December 1950 and held captive until 17 August 1953.  The applicant was honorably discharged on 14 October 1953.  

5.  Item 3 (Grade, Rate, Rank and Date) on the applicant's DD Form 214 shows he was discharged with the rank of corporal.

6.  The applicant provided a letter, dated 6 June 2002, from a fellow soldier at the time in question who states that the applicant had been promoted to the rank of corporal prior to his capture and imprisonment by Korean forces.

7.  There is no evidence in the available records which shows the applicant was promoted to sergeant prior to his discharge on 14 October 1953. 

8.  The remarks section on the applicant's DD Form 214 shows he was a prisoner of war from 2 December 1950 through 16 August 1953.  The Board notes that the Prisoner of War Medal is not shown on the applicant's DD Form 214. 
 
9.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  

10.  Army Regulation 615-5, at paragraph e, as changed by change 6, dated 
23 May 1945 and further amplified in The Adjutant General’s Office (TAGO) letter, AG 383.6 (31 May 1945) OB-S-A-SPGAM-M, SUBJECT:  Change 2 to POW, dated 22 June 1945, made provisions for the promotion of certain enlisted and officer personnel who had been internees, missing in action, evading capture in enemy held territory, or prisoners of war during World War II.  Essentially, major commanders were authorized to promote these individuals one grade, without respect to unit vacancies, who were returned from the above status and who presumably would have been promoted except for “his” internment, evasion or capture, provided his status was considered honorable.  

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Prisoner of War Medal.  The regulation states that the Prisoner of War Medal  was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive.

12.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

CONCLUSIONS:

1.  Evidence of record shows the applicant was discharged on 14 October 1953 with the rank of corporal.

2.  Evidence of record also shows the applicant was a prisoner of war during the Korean War.  

3.  The Board considered the applicant's contention that it is his understanding, by an act of Congress, when he was released from a Prisoner of War camp he should have "jumped" a rank, making him a sergeant.  However, the governing regulation made provisions for the promotion of certain enlisted and officer personnel who had been internees, missing in action, evading capture in enemy held territory, or prisoners of war during World War II, not the Korean War.    

4.  There is no evidence of record available to the Board which shows the applicant was promoted to sergeant prior to his discharge on 14 October 1953.  

5.  Based on the foregoing, there is no basis for granting the applicant's request to correct his DD Form 214 to show he was separated from active duty on 
4 October 1953 with the rank of sergeant. 
 
6.  The applicant is entitled to award of the Prisoner of War Medal.  Therefore, his DD Form 214 should be corrected to show this medal.

7.  The applicant is entitled to the first award of the Good Conduct Medal for the period 26 July 1948 through 14 October 1953 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.
8.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Prisoner of War Medal and the first award of the Good Conduct Medal.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

SAC____  RWA____  PHM____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Samuel A. Crumpler____
		        CHAIRPERSON

INDEX

CASE ID	AR2002080688	
SUFFIX		
RECON		
DATE BOARDED	20030403	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.0000	
2.	107.0000	
3.		
4.		
5.		
6.