RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           12 April 2005
      DOCKET NUMBER:  AR20040005481


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Ms. Shirley Powell                |     |Member               |
|     |Mr. Curtis L. Greenway            |     |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 that he receive his discharge from the Enlisted
Reserve, that he receive a promotion, and that he be awarded the Purple
Heart.

2.  The applicant states that he went back into the Army in 1948 as a
Private First Class but around 1949 or 1950 all ranks dropped back one.
The same thing happened in the 1960s when Sergeant First Class dropped back
to Sergeant.  That was unjust.  He was in World War II and was a prisoner
of war.  He was also wounded when, in Munich, Germany, a dropped rail
landed on his left foot and leg.

3.  The applicant provides his retirement orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 March 1966.  The application submitted in this case is
dated        3 August 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  A DA Form 2339 (Application for Voluntary Retirement) shows the
applicant entered the Army on 17 March 1943 in component "AUG."  He was
inducted into the Army on 24 March 1943.  He was reported missing in action
in Italy on        17 September 1944 and was reported as a prisoner of the
German government in November 1944.  He was returned to military control 27
April 1945.  In an August 1945 Statement or Report of Interview of
Recovered Personnel, the applicant reported that he performed railroad
duties while a POW.  He separated on 29 November 1945.  His WD AGO Form 53-
55 (Report of Separation) is not available.

4.  In applying for a medical waiver to enlist, the applicant stated that
he injured his left foot while a POW.

5.  The applicant's request for waiver was granted and he enlisted in the
Regular Army on 5 May 1948.  He was honorably discharged on 14 May 1957.
He enlisted in the Regular Army on 6 June 1957 as a Sergeant First Class,
pay grade E-6 and served until he was released from active duty for the
purpose of retirement on 31 March 1966 and transferred to the U. S. Army
Reserve (Retired Reserve).

6.  Effective 21 January 1951, the enlisted rank structure was as follows:

      Grade 7    Master Sergeant
      Grade 6    Sergeant First Class
      Grade 5    Sergeant
      Grade 4    Corporal
      Grade 3    Private First Class
      Grade 2    Private, E-2
      Grade 1    Private, E-1

7.  Effective 1 July 1955, the enlisted rank structure was changed as
follows:

      Pay Grade E-7    Master Sergeant
      Pay Grade E-6    Sergeant First Class and Specialist First Class
      Pay Grade E-5    Sergeant and Specialist Second Class
      Pay Grade E-4    Corporal and Specialist Third Class
      Pay Grade E-3    Private First Class
      Pay Grade E-2    Private, E-2
      Pay Grade E-1    Private, E-1

8.  Effective 1 June 1958, the enlisted rank structure was changed as
follows (noncommissioned officers given only):

      Pay Grade E-9    Sergeant Major
      Pay Grade E-8    First Sergeant or Master Sergeant
      Pay Grade E-7    Platoon Sergeant or Sergeant First Class
      Pay Grade E-6    Staff Sergeant
      Pay Grade E-5    Sergeant
      Pay Grade E-4    Corporal

9.  Army Regulation 600-8-22 (Military Awards) provides for the award of
the Purple Heart for a wound sustained as a result of hostile action.  For
those who became POWs after 25 April 1962, the Purple Heart will be awarded
to individuals wounded while prisoners of foreign forces upon submission by
the individuals of an affidavit that is supported by a statement from a
witness, if this is possible.  The National Defense Authorization Act for
Fiscal Year 1996 extended the criteria for the Purple Heart to former POWs
that were held prior to 25 April 1962 and suffered wounds or injuries at
the hands of their captors.

DISCUSSION AND CONCLUSIONS:

1.  It cannot be determined exactly what the applicant means when he
requests that he receive "his discharge from the Enlisted Reserve."  His WD
AGO Form  55-53 is not available so it cannot be determined if he was
discharged from active service or transferred to the Enlisted Reserve Corps
and there is no evidence of record to show he was transferred to the
Enlisted Reserve Corps when he separated on 14 May 1957.

2.  While it is true the Army restructured its enlisted ranks several times
during the applicant's service, the changes made to his rank title were not
inequitable and at no time was an injustice done to him.  All Soldiers in
his situation required the same changes be made to their rank titles.

3.  The applicant's contention that he was wounded when a dropped rail
landed on his left foot and leg while he was a POW is noted.  However, he
had indicated that he performed duties in a railroad while he was a POW.
There is no evidence of record and he provides none to show that the
injuries he received were the result of intentional abuse by his captors.
Therefore, there is insufficient evidence on which to base award of the
Purple Heart.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 March 1966; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on         30 March 1969.  However, the applicant did not file
within the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jns___  __sp____  __clg___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




            ___John N. Slone______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040005481                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050412                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |131.00                                  |
|2.                      |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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