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Decision Text

ARMY | BCMR | CY2002 | 2002077465C070215
Original file (2002077465C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 March 2003
         DOCKET NUMBER: AR2002077465


         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
Mr. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Mr. Thomas A. Pagan Chairperson
Mr. Roger W. Able Member
Mr. John A. Kelley 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 that his records be corrected to show that he was promoted while a Prisoner of War (POW).

3. The applicant states, in effect, that he heard that after the war a provision was made to promote POW’s.

4. In support of his request, the applicant submits a telegram from the Adjutant General to his parents. In that telegram it was stated that the applicant was reported missing in action since 13 September 1943. In a second telegram, the applicant’s parents were informed that his status was corrected to show that he was a POW.

5. The applicant’s military records were not located and are presumed destroyed in the fire at the records repository at St. Louis, Missouri, in 1973. The following information was derived from the applicant’s separation document which he, himself, provided, and responses to earlier requests made by the applicant to the records repository.

6. His records reflect 26 January 1942 as his date of induction and entry on active duty. He was awarded the military occupational specialty of armorer, deployed to the European Theater of Operations on 2 June 1943, and was promoted to Tec 5th Grade.

7. Records from the National Archives and Records Administration reflect the applicant was a POW for the period 13 September 1943 through 8 May 1945

8. The applicant returned to the United States on 18 June 1945. On 26 September 1945, the applicant was honorably released from active duty. His separation document shows that he was awarded the European-African-Middle Eastern Service Medal, the Good Conduct Medal, and the Purple Heart. This document also shows that he participated in the Central Europe, Naples-Foggia, and Sicily Campaigns.

9. Under a War Department policy announced in 1945, individuals who were POW's for 18 months or longer during World War II were eligible for an automatic one-grade promotion upon return to military control. Individuals lost to military control for periods less than 18 months were not eligible for promotion under this policy.







10. On 12 September 1957, the Office of the Adjutant General, Army Records Center, awarded the applicant the Bronze Star Medal (BSM) based on his award of the Combat Infantryman Badge (CIB) by General Orders 5, Headquarters, 157th Infantry Regiment on 8 July 1944.

11. On 30 June 1988, the Army Reserve Personnel Command awarded the applicant the Prisoner of War (POW) Medal.

12. Army Regulation 600-8-22 provides the guidance for Army awards and decorations. In this regulation, several awards and decorations are provided specifically for service during WWII, which were enacted subsequent to the demobilization of WWII. These WWII specific provisions include the WWII Victory Medal which is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive, and the Honorable Service Lapel Button.

13. This regulation also provides for the American Campaign Medal to be awarded for service in the American Theater between 7 December 1941 and 2 March 1946.

14. In addition, this regulation specifies that one bronze service star is to be given for wear on an already awarded service medal for each campaign the soldier participated in.

15. During WWII, the enlisted grade structure of the Army was as follows:

Grade 1  M/Sgt
Grade 2  T/Sgt & 1st Sgt
Grade 3  S/Sgt & Tec 3rd Grade
Grade 4  Sgt & Tec 4th Grade
Grade 5  Cpl & Tec 5th Grade
Grade 6  Pvt 1st Class
Grade 7  Private

16. On 23 October 1986, the Army Reserve Personnel Center awarded the applicant the Combat Infantryman Badge (CIB), the American Campaign Medal, three bronze service stars to be worn on his already issued European-African-Middle Eastern Service Medal, and Army of Occupation Medal with Germany Clasp.






CONCLUSIONS:

1. The Board accepts the record of the National Archives as the official source to substantiate that the applicant was a POW for the period 13 September 1943 through 8 May 1945, a period of 1 year, 7 months and 26 days.

2. The applicant’s POW period was over 18 months, entitling him to a promotion in accordance with War Department policy in effect at the time.

3. In addition, the applicant is entitled to have his already issued WWII Victory Medal, the American Campaign Medal, three bronze service stars to be worn on his already issued European-African-Middle Eastern Service Medal, the CIB, the BSM, the CIB, the Army of Occupation Medal with Germany Clasp, and the POW Medal, added to his separation document.

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

         a. showing that the individual concerned was promoted to the rank of Tec 4th Grade effective 8 May 1945, the date he was returned to duty from his status as a POW; and



















         b. adding his already issued WWII Victory Medal, the American Campaign Medal, three bronze service stars to be worn on his already issued
European-African-Middle Eastern Service Medal, the CIB, the BSM, the CIB, the Army of Occupation Medal with Germany Clasp, and the POW Medal, to his separation document.

BOARD VOTE:

___tap___ ___rwa__ ____jak_ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________Thomas A. Pagan____
                  CHAIRPERSON




INDEX

CASE ID AR2002077465
SUFFIX
RECON YYYYMMDD
DATE BOARDED YYYYMMDD
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.



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