RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 July 2007
      DOCKET NUMBER:  AR20070008788


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Ms. Susan A. Powers               |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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, through his Representative in Congress,
reconsideration of his earlier request that his records be corrected to
show he was promoted to Staff Sergeant.

2.  The applicant states that he was a member of Company E, 101st Infantry
Regiment.  Company F of the Regiment was attacked and all but wiped out.  A
new Company F was to be formed, and he and with other members of his Battle
Patrol were to become part of the new Company F.  They were told they would
be promoted to squad leaders with the rank of Staff Sergeant.  Two days
later, he was wounded and taken prisoner.  Due to the new Company F First
Sergeant not getting the paperwork done, his promotion papers were never
filed.

3.  In his earlier request, the applicant stated he received his prisoner
of war promotion, but the promotion was to Corporal.

4.  The applicant provides a letter to the Board from his Representative in
Congress; an article from the internet, dated 19 April 2007; an email from
him to his Representative in Congress; a self-authored statement describing
his service; a description of his service, apparently from a student
assisting him with his application; a War Department letter, dated 1
December 1945, awarding him the Combat Infantryman Badge; an Army Service
Forces, Headquarters, Fourth Service Command letter, dated 28 August 1945,
promoting him to Corporal; four letters from former comrades; a three-page
school paper entitled, “The Lives of World War II Veterans”; his WD AGO
Form 53-55 (Enlisted Record and Report of Separation); and his WD AGO Form
100 (Separation Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number AC97-
09599 on         27 May 1998.

2.  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, to include
his service medical records, for the Board to conduct a fair and impartial
review of this case.


3.  The applicant was inducted into the Army and entered active duty on
          28 January 1943.  He arrived in the European Theater of
Operations on               9 September 1944.

4.  A Headquarters, 2d Battalion, 101st Infantry letter dated 21 November
1944, subject:  Investigation of Battle Position of “F” Company, 101st
Infantry, indicated that 18 bodies of members of F Company were found
within an area of about 800 square yards, apparently most of them
casualties of shell fire.  The applicant was apparently transferred to a
reconstituted Company F, 101st Infantry shortly thereafter.  He was taken
prisoner on 25 November 1944.  He was liberated by U. S. forces on 2 May
1945.  By letter dated 28 August 1945, he was promoted to corporal under a
provision applicable to former prisoners of war.

5.  On 5 November 1945, the applicant was honorably discharged in the rank
of Corporal.  Item 38 (Highest Grade Held) shows Corporal was the highest
grade he held.  His WD AGO Form 100 shows that he performed the duties of a
Staff Sergeant squad leader for one month.

6.  The applicant provided a letter from a former comrade who stated he
served with the applicant in Company E and Company F, 101st Infantry
Regiment.  He states they were both promoted from Private First Class to
Staff Sergeant on    23 November 1944.  The applicant provided a letter
from the former First Sergeant of Company E, who stated the applicant was a
member of Company E [and was assigned to Company F when that company was
reconstituted].  He stated he suspects the paperwork [to promote the
applicant] was not completed.  The company clerk was back at regimental
reserve.  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.  At that time, he
(the former platoon sergeant) was up on line with the company.  If he had
not been hospitalized, he would have completed all the paperwork, and the
applicant would have been promoted to Staff Sergeant.

7.  From 1 September 1942 through 31 July 1948, the enlisted grade
structure consisted of seven grades:

    Grade 7 – Private
    Grade 6 – Private First Class
    Grade 5 – Corporal
    Grade 4 – Sergeant
    Grade 3 – Staff Sergeant
    Grade 2 – Technical Sergeant
    Grade 1 – Master Sergeant/First Sergeant
8.  Army Regulation 615-5 (Appointment and Reduction of NCOs and PFCs), in
effect at the time, governed the appointment and reduction of
noncommissioned officers and Privates First Class.  In pertinent part, it
stated noncommissioned officers appointed during an emergency under special
authorization of the War Department would be temporary appointments.  In
order to provide an opportunity to observe the performance of candidates
for higher grades, unit commanders were authorized to exceed their
authorized allotments in any grade by the number of vacancies that existed
in a higher grade pending the promotion of the best-qualified candidate(s).


9.  Department of the Army announced via message in September 1945 that
enlisted Soldiers below the grade of master sergeant who had been absent
from military control, under honorable conditions, for 18 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 promotion regulation at the time authorized unit commanders to
exceed their authorized allotments in any grade by the number of vacancies
that existed in a higher grade with temporary appointments pending the
promotion of the best-qualified candidate.

2.  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).  However,
supporting statements from three of the applicant’s fellow comrades
(including one from his Company F platoon sergeant) indicate that he did
transfer as a squad leader to a unit that had suffered heavy casualties.
He was captured by the Germans only days later.  His WD AGO Form 100 shows
he performed the duties (not that he held the rank) of Staff Sergeant,
squad leader for one month.

3.  It is reasonable to presume that the applicant was selected by the new
Company F commander to be a squad leader.  It is also reasonable to presume
that had he not been captured or had other personnel casualties (i.e., the
platoon sergeant’s) not intervened the commander’s recommendation for the
applicant’s temporary appointment to Staff Sergeant would have been
forwarded to higher headquarters.

4.  The evidence of record shows the applicant’s permanent rank at
separation was Corporal as the regulation provided for his appointment to
the next higher enlisted grade as a returnee to U. S. military control from
a prisoner of war status.  As far as the highest rank the applicant had
ever held is concerned, any doubt should be resolved in the applicant’s
favor and item 38 of his WD AGO Form 53-55 should be corrected to show the
highest grade he held was Staff Sergeant.  However, as there is no evidence
of record to show a promotion to Staff Sergeant was approved, no pay and
allowances should be authorized.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__kan___  __sap___  __eem___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant amendment of the ABCMR’s decision in Docket Number AC97-09599 dated
    27 May 1998.  As a result, the Board recommends partial relief and that
all Department of the Army records of the individual concerned be corrected
by amending item 38 of his WD AGO Form 53-55 to show the highest rank he
held was Staff Sergeant.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
showing he was promoted to Staff Sergeant.




                                  __Kathleen A. Newman__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070008788                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070710                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |131.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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