Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002080924C070215
Original file (2002080924C070215.rtf) Auto-classification: Approved
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.


Similar Decisions

  • ARMY | BCMR | CY2001 | 2001060061C070421

    Original file (2001060061C070421.rtf) Auto-classification: Approved

    There is no evidence in the available records which shows the applicant was promoted to sergeant/grade 4. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Prisoner of War (POW) Medal. Accordingly, he is entitled to correction of his military records to show that he was separated in the rank of corporal/grade 5.

  • ARMY | BCMR | CY2003 | 2003085876C070212

    Original file (2003085876C070212.rtf) Auto-classification: Approved

    The applicant requests, in effect, correction of his military records to show he was separated from active duty on 23 September 1945 with the rank of corporal. Evidence of record also shows the applicant was discharged with the rank of private first class. That all of the Department of the Army records related to this case be corrected by showing that the applicant was promoted to corporal on 12 May 1945 and separated from active duty with the rank of corporal on 23 September 1945.

  • ARMY | BCMR | CY2006 | 20060017416

    Original file (20060017416.txt) Auto-classification: Denied

    The applicant provides two eyewitness statements, dated 23 November 2006 and 17 November 2006; a Certificate of Achievement; a photograph of a Soldier; a newspaper article; and a copy of his WD AGO Form 53-55. The applicant’s military records are not available to the Board for review. The applicant's WD AGO Form 53-55 shows he was a private first class at the time of his discharge on 25 December 1945.

  • ARMY | BCMR | CY2005 | 20050017297C070206

    Original file (20050017297C070206.doc) Auto-classification: Denied

    There is no evidence in the available records which shows the applicant was promoted to sergeant prior to his discharge on 30 November 1945. The applicant's WD AGO Form 53-55 shows he was a private first class at the time of his discharge on 30 November 1945. Although item 38 on the applicant’s WD AGO Form 53-55 shows his highest grade held was sergeant, there is no evidence of record which shows he was promoted to sergeant prior to his discharge.

  • ARMY | BCMR | CY2006 | 20060005308C070205

    Original file (20060005308C070205.doc) Auto-classification: Denied

    The applicant requests that item 3 (Grade) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show technician five instead of private first class. There is no evidence in the available records which shows the applicant held the rank of technician five temporarily or was promoted to technician five prior to his discharge on 9 December 1945. The applicant's WD AGO Form 53-55 shows he was a private first class at the time of his discharge on 9 December 1945.

  • ARMY | BCMR | CY2006 | 20060000576C070205

    Original file (20060000576C070205.doc) Auto-classification: Denied

    The applicant requests that his military records be corrected to show his rank as sergeant instead of private first class. The applicant's WD AGO Form 53-55 shows he was a private first class at the time of his discharge on 28 July 1945. Regrettably, there is no basis for granting the applicant's request to correct his military records to show his rank as sergeant or to amend item 38 on his WD AGO Form 53-55.

  • ARMY | BCMR | CY2012 | 20120003453

    Original file (20120003453.txt) Auto-classification: Approved

    The applicant requests his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show his Prisoner of War (POW) status and to show his rank as corporal (CPL). The POW promotion policy established in the POW WD letter stated, in pertinent part, that an interview would be conducted with all recovered personnel to secure information for consideration by the appropriate appointing authority in determining their qualifications for an immediate one grade advancement. As a...

  • ARMY | BCMR | CY2007 | 20070008788C071029

    Original file (20070008788C071029.doc) Auto-classification: Approved

    The applicant provided a letter from his former platoon sergeant in the reconstituted Company F, who stated the acting commander of the new company had the names of the men who were to be promoted to squad leaders (Staff Sergeants) [and] to be given to the company clerk. There is no evidence of record at this late date to show the applicant was recommended for promotion to Staff Sergeant (and any “promotion” by the Company F commander would have been a temporary appointment). The evidence...

  • ARMY | BCMR | CY2011 | 20110014209

    Original file (20110014209.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show his rank as technician fourth grade. The applicant's military records are not available to the Board for review. The evidence of record shows the applicant served in an active duty status from 21 November 1942 to 14 July 1945.

  • ARMY | BCMR | CY2012 | 20120021730

    Original file (20120021730.txt) Auto-classification: Denied

    The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show: * his rank as sergeant (SGT) vice private first class (PFC) * award of the Bronze Star Medal 2. The applicant's complete military records are not available for review. Unfortunately, there are no orders in his reconstructed record that show he was promoted or appointed to SGT.