PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           10 June 2003       
	DOCKET NUMBER:   AR2002080924

	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	
	Ms. Shirley Powell		Member	
	Mr. John T. Meixell		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 9 December 1945 with the rank of corporal. 

3.  The applicant states, in effect, that he was discharged as a private first class.  He also contends that he was never interviewed about his loss of military control or being a prisoner of war for 14 months in Germany.  In support of his application, he submits a copy of his WD AGO Form 53-55 (Enlisted Records and Report of Separation) and WD AGO Form 100 (Separation Qualification Record). 

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, War Department Form 372A (Final Payment Work Sheet), two Western Union Telegrams and a Prisoners Post Card.   

5.  The applicant's reconstructed records show the applicant was inducted on 
25 May 1943.  He served as a rifleman in the European Theater of Operations from 4 December 1943 through 1 June 1945 and was honorably discharged on 
9 December 1945.   

6.  The available records show the applicant was a prisoner of war of the German Government from 29 February 1944 to 8 May 1945.    

7.  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.  Item 38 (Highest Grade Held) indicates that the highest rank the applicant held was private first class, but no documents are available elsewhere to document this information.

8.  There is no evidence in the available records which shows the applicant was promoted to private first class prior to his separation on 9 December 1945.

9.  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.   

10.  A review of the enlisted rank/pay grade structure of the Army between 1 July 1920 and 31 July 1948, shows that the three lowest pay grades (grade 7 through grade 5) essentially consisted of a private (grade 7); private first class (grade 6); and corporal/technician five (grade 5); grade 4 personnel carried the rank title of sergeant/technician four; grade 3 personnel carried the rank title of staff sergeant or technician three.  During World War II, many enlisted personnel held a higher rank temporarily, with the title of “acting” before the rank, but no promotion orders were issued, and they were not entitled to pay at the higher rank level.

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.
  
CONCLUSIONS:

1.  The evidence of record does not support the applicant's contention that he was discharged as a private first class.  His WD AGO Form 53-55 shows that he was discharged in the grade of private on 9 December 1945.  

2.  The applicant's discharge document does show that the highest grade he held was private first class.  However, during World War II, many enlisted personnel held a higher rank temporarily, with the title of "acting" before the rank, but no promotion orders were issued, and they were not entitled to pay at the higher rank level.  

3.  Evidence of record shows the applicant was a prisoner of war from 
29 February 1944 to 8 May 1945, a total of 14 months.  Therefore, in accordance with the War Department General Staff Disposition Form, dated 24 September 1945, the applicant is not entitled to a one-grade promotion because he was not in prisoner of war status for a period of 18 months or longer. 

4.  The applicant is entitled to award of the Prisoner of War Medal and correction of his WD AGO Form 53-55 to show this medal.  

5.  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.   

2.  That so much of the application as pertains to correction of his military records to show he was separated from active duty on 9 December 1945 with the rank of corporal be denied.

BOARD VOTE:  

SAC____  SP_____  JTM_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Samuel A. Crumpler___
		        CHAIRPERSON

INDEX

CASE ID	AR2002080924	
SUFFIX		
RECON		
DATE BOARDED	20030610	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.0000	
2.		
3.		
4.		
5.		
6.