RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 April 2005
      DOCKET NUMBER:  AR20040005831


      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. Prevolia Harper               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Mr. Peter B. Fisher               |     |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, in effect, that his WD AGO Form 53-55 (Enlistd
Record and Report of Separation-Honorable Discharge) be corrected to show
that he was promoted from Private (Grade 7) to Private First Class (Grade
6).

2.  The applicant states that as a Prisoner of War (POW) in Germany from 2
July 1944 to 1 May 1945 and that he should have received an automatic
promotion which did not occur.

3.  The applicant provides no supporting documents in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 16 November 1945, the date of his separation from active
service.  The application submitted in this case is dated 10 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.  The applicant's military records were 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 his
records were lost in that fire.  However, there were sufficient documents
in the reconstructed record to allow the Board to conduct a fair and
impartial review of the case

4.  The applicant entered the Enlisted Reserve Corps on 10 December 1942.
He entered active duty on 6 April 1943 and was assigned to Company B,
112th Infantry Regiment, 5th Infantry Division.

5.  The applicant's WD AGO Form 53-55 shows that he participated in two
campaigns and was honorably separated from active service in the rank of
Private.


6.  World War II POW records show that the applicant was a POW from 27 July
1944 to 7 May 1945.

7.  Under a War Department policy, dated 24 September 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 a period less than 18 months were not eligible
for promotion under this policy.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be promotion based on his POW
status during World War II.

2.  Under a 24 September 1945 War Department policy, only Soldiers who were
POW's for 18 months or longer during World War II were eligible for an
automatic one-grade promotion.  The applicant remained in a POW status for
less than
18 months.  Therefore, the applicant's length of incarceration as a POW is
insufficient to qualify for a one-grade promotion to private first class.

3.  Records show the applicant should have discovered the error or
injustice now under consideration on 16 November 1945 the date of his
separation from active duty.  However, the ABCMR was not established until
2 January 1947.  Therefore, the time for the applicant to file a request
for correction of any error or injustice expired on 1 January 1950.
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

__ji____  __reb___  __pbf___  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 best 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
correction of the records of the individual concerned.



                                  John Infante
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040005831                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050428                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.0900                                |
|2.                      |130.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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