RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 January 2008 DOCKET NUMBER: AR20070011300 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. Ms. Catherine C. Mitrano Director Mr. Michael L. Engle Analyst The following members, a quorum, were present: Mr. Curtis L. Greenway Chairperson Mr. Joe R. Schroeder Member Mr. Qawiy Sabree Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) to show his rank as master sergeant. 2. The applicant states that he was a prisoner of war (POW) for 665 days from 11 July 1943 to 5 May 1945. He further states that the rule at the time was for POW’s to receive a one-rank promotion for every year in captivity. He therefore contends that his rank at the time of discharge should have been master sergeant. 3. The applicant provides a copy of his WD AGO Form 53-55. 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 records are not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. On 30 June 1942, the applicant enlisted in the Regular Army. He was awarded military occupational specialty 745 (Rifleman). On 29 April 1943, he departed for duty in the European Theater of Operations (ETO). 4. On 11 July 1943, the applicant was captured by the German forces and held as a POW until his liberation by the Russian Army on 5 May 1945 (22 months). 5. Item 3 (Grade) of the applicant’s WD AGO Form 53-55 shows his rank at the time of discharge as private first class. It does not show his date of rank. 6. Secretary of War, WDGAP 383.6 [War Department Policy], dated 21 September 1945, set forth the authority for a one grade promotion for service members who were in a status of Prisoner of War (POW), evader, or escapee for 18 months or longer, providing that the circumstances surrounding their status was honorable. DISCUSSION AND CONCLUSIONS: 1. The available evidence clearly shows that the applicant was a POW for 22 months. However, the evidence is insufficient for making a determination as to what his rank was prior to, during, and after his capture. 2. The applicant’s WD AGO Form 53-55 shows that he was a private first class at the time of his discharge, but it does not provide his date of rank. Therefore, it cannot be determined if he was entitled to another promotion based on his POW status, or if he had been promoted to private first class subsequent to his capture. 3. Additionally, the applicant’s contention that POW’s were to receive a promotion for each year of captivity is not supported by any available evidence. The rule was for a one grade promotion for a period of captivity of 18 months or longer. 4. In view of the above, the applicant’s request should be denied. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __ QS_ __ __CLG __ __JRS DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _ Curtis L. Greenway___ CHAIRPERSON INDEX CASE ID AR20060011300 SUFFIX RECON DATE BOARDED 20080115 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY . . . . . DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY ISSUES 1. 110 2. 3. 4. 5. 6.