MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           17 April 2003
	DOCKET NUMBER:   AR2002079542

	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	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Harry B. Oberg		Member	
	Mr. 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 his WD AGO Form 53-98 (Military Record and Report of Separation – Certificate of Service) be corrected to show he was promoted to the rank of colonel effective the date he took charge of the "camp" from the Navy captain.  In addition, he requests that he be advanced to the rank of general effective the date he was promoted to captain.

APPLICANT STATES:  In effect, that his records do not reflect his performance in a field officer position or reflect the authority given to him to exercise his sole discretion in running the "camp."  He claims that this denies him significant benefits and causes serious irreparable harm on a continuous basis.  In support of his application, he submitted an addendum, a supplemental letter, dated 3 July 2002, a letter from the U.S. Army Reserve Personnel Command, dated 1 August 2002, a Certificate of Service, a certificate promoting him to the rank of captain, and a Veteran's Application for Pension or Compensation.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant was appointed as a second lieutenant in the Officer's Reserve Corps (ORC) on 2 June 1941.  He completed his required training and was awarded military occupational specialty 1542 (Infantry Unit Commander).  He served in the European Theater of Operations from February 1942 to August 1944 and was released from active duty on 12 September 1949 by reason of physical disability.

Item 3 (AUS Grade) on the applicant's WD AGO Form 53-98 shows he was separated from the service in the grade of captain.

Records show that the applicant was promoted to the rank of first lieutenant on 19 October 1942.

The applicant's personnel records show he was captured and held as a Prisoner of War (POW) from 17 February 1943 to 8 September 1944 as a first lieutenant (a period of 1 year, 6 months and 22 days).

Evidence of record shows that the applicant was promoted to the rank of captain in the AUS effective 30 August 1945.

Evidence of record also shows that the applicant was promoted to the rank of captain in the ORC effective 29 January 1948.

There is no evidence of record which shows the applicant was promoted to the rank of colonel.

The applicant's WD AGO Form 53-98 shows he was awarded the Combat Infantryman Badge during World War II.  There is no evidence that the applicant was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge.  

Military Personnel Message, dated 212259Z September 1945, Subject:  POW Promotions, directed that soldiers who were POWs for 18 months or longer, under honorable conditions, would receive a promotion of one grade if not previously promoted after their return to military control.

Army Regulation 615-5, paragraph e, as changed by change 6, dated 23 May 1945, and further amplified by The Adjutant General's Office 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.

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 evidence of record shows the applicant was a POW from 17 February 1943 to 8 September 1944.

2.  Records show he was serving as a first lieutenant at the time of his capture during World War II.  

3.  Records also show that the applicant was advanced to captain in the AUS effective 30 August 1945.

4.  Evidence of record shows that the applicant's highest grade held was captain and that he was released from active duty in the rank of captain.

5.  The Board considered the applicant's request that his rank be "raised" to colonel effective the date he took charge of a "camp."  

6.  The Board carefully reviewed the letter submitted by the applicant in support of his claim.  However, regulations in effect at the time, made provisions for one grade promotions of enlisted and officer personnel who had not been previously promoted after their return to military control.

7.  The Board noted that the applicant was promoted to captain subsequent to his return to military control from his POW status.  There is no evidence of record, and the applicant has provided no evidence, which shows he is entitled to additional promotions to the rank of colonel or to the rank of general.

8.  Based on the foregoing, there is no basis for promoting the applicant to the rank of colonel or to the rank of general.

9.  The Board noted that the applicant was awarded the Combat Infantryman Badge during World War II.  Based on award of the Combat Infantryman Badge, the applicant is entitled to award of the Bronze Star Medal.  Therefore his WD AGO Form 53-98 will be amended to show award of the Bronze Star Medal.

10.  The Board also noted that the applicant is entitled to award of the POW Medal.  Therefore, his WD AGO Form 53-98 will be amended to show award of the POW Medal.

11.  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.

12.  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 NOTE:  Request that the Army Review Boards Agency (ARBA), Support Division, St. Louis correct the records of the individual concerned to show the award of the Bronze Star Medal (based on award of the Combat Infantryman Badge) and the POW Medal.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

WTM_____  HBO_____  RJW_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002079542	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030417	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	107.0020	
2.		
3.		
4.		
5.		
6.