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Decision Text

ARMY | BCMR | CY2003 | 2003088825C070403
Original file (2003088825C070403.rtf) Auto-classification: Denied




RECORD OF PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 24 FEBRUARY 2004
         DOCKET NUMBER: AR2003088825


         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. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr. Chairperson
Ms. Margaret V. Thompson Member
Mr. Lawrence Foster 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).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE :

1. The applicant requests, in effect, a one grade promotion and payment of any back pay associated with the promotion.

2. The applicant states, in effect, that under the provisions of the Defense Authorization Act for 2001 he is entitled to be promoted one grade and to receive back pay associated with the promotion from the date of promotion until his separation day from active duty. He states that he was not aware of the provisions of the Defense Authorization Act until he read an article in the February 2003 issue of the Legion Magazine .

3. The applicant provides a copy of his separation document and a copy of a statement confirming his status as a prisoner of war.

CONSIDERATION OF EVIDENCE:

1. 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.

2. The applicant served on active duty between March 1943 and November 1945. He arrived in the European Theater of Operations in December 1944 and according to a statement contained in his reconstructed file, he was a prisoner of war between 9 January 1945 and 10 May 1945.

3. The applicant was honorably discharged on 23 November 1945 in the grade of sergeant. His reconstructed file indicates that he served in the grade of sergeant for approximately the last 25 months of his military service.

4. The National Defense Authorization Act of 2001 provided for back pay to any person who, by reason of being interred as a prisoner of war while serving as a member of the Navy or the Marine Corps during World War II, was not available to accept a promotion for which the person had been selected.

5. Department of the Army announced, via message on 21 September 1945, that Army enlisted soldiers below the grade of master sergeant who had been absent from military control, under honorable conditions, for eighteen months or longer in a POW status and had not received a one grade promotion since returning to military control could be advanced one grade by their immediate commander.
DISCUSSION AND CONCLUSIONS :

1. The available evidence indicates that the applicant was a prisoner of war for
4 months in 1945. He was therefore not eligible for a one-grade promotion following his return to duty.

2. The provisions of the National Defense Authorization Act of 2001 applied to members of the Navy and Marine Corps who were selected for promotion while in a prisoner of war status and as such were unable to accept their promotion. The act did not apply to members of the Army.

BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

__ RVO __ __ MVT __ __ LF ___ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.





                  Raymond V. O'Connor, Jr.
                  CHAIRPERSON




INDEX

CASE ID AR2003088825
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20040224
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 112.00
2.
3.
4.
5.
6.


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