RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 January 2008
DOCKET NUMBER: AR20070011300
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
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. Curtis L. Greenway
Chairperson
Mr. Joe R. Schroeder
Member
Mr. Qawiy Sabree
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 correction of his Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) to show his rank as master sergeant.
2. The applicant states that he was a prisoner of war (POW) for 665 days from 11 July 1943 to 5 May 1945. He further states that the rule at the time was for POWs to receive a one-rank promotion for every year in captivity. He therefore contends that his rank at the time of discharge should have been master sergeant.
3. The applicant provides a copy of his WD AGO Form 53-55.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
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 for the Board to conduct a fair and impartial review of this case.
3. On 30 June 1942, the applicant enlisted in the Regular Army. He was awarded military occupational specialty 745 (Rifleman). On 29 April 1943, he departed for duty in the European Theater of Operations (ETO).
4. On 11 July 1943, the applicant was captured by the German forces and held as a POW until his liberation by the Russian Army on 5 May 1945 (22 months).
5. Item 3 (Grade) of the applicants WD AGO Form 53-55 shows his rank at the time of discharge as private first class. It does not show his date of rank.
6. Secretary of War, WDGAP 383.6 [War Department Policy], dated
21 September 1945, set forth the authority for a one grade promotion for service members who were in a status of Prisoner of War (POW), evader, or escapee for 18 months or longer, providing that the circumstances surrounding their status was honorable.
DISCUSSION AND CONCLUSIONS:
1. The available evidence clearly shows that the applicant was a POW for
22 months. However, the evidence is insufficient for making a determination as to what his rank was prior to, during, and after his capture.
2. The applicants WD AGO Form 53-55 shows that he was a private first class at the time of his discharge, but it does not provide his date of rank. Therefore, it cannot be determined if he was entitled to another promotion based on his POW status, or if he had been promoted to private first class subsequent to his capture.
3. Additionally, the applicants contention that POWs were to receive a promotion for each year of captivity is not supported by any available evidence. The rule was for a one grade promotion for a period of captivity of 18 months or longer.
4. In view of the above, the applicants request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__ QS_ __ __CLG __ __JRS DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
_ Curtis L. Greenway___
CHAIRPERSON
INDEX
CASE ID
AR20060011300
SUFFIX
RECON
DATE BOARDED
20080115
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
. . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
110
2.
3.
4.
5.
6.
ARMY | BCMR | CY2001 | 2001060061C070421
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 | CY2004 | 2004100462C070208
The applicant requests that his records be corrected to show that prior to his discharge, he was promoted to the rank of staff sergeant and that he be awarded all back pay and allowances due him. Counsel requests that the applicant be awarded the Prisoner of War (POW) Medal and that he be given consideration for promotion to staff sergeant. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the individual...
ARMY | BCMR | CY2015 | 20150004301
The FSM's military records are not available to the Board for review. The FSM's WD AGO Form 53-55 shows the following information: a. he was inducted into the Army of the United States on 16 February 1942; b. he served in the European Theater of Operations from 22 June 1943 to 1 May 1945; c. he participated in the following four campaigns: * Sicily * Naples-Foggia * Rome-Arno * Central Germany d. he was awarded the : * Army Good Conduct Medal * Presidential Unit Citation * European African...
ARMY | BCMR | CY2012 | 20120009911
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) to add his Prisoner of War (POW) Medal and POW status. The applicant provides: * Western Union Telegram, dated 31 March 1945 * POW post card, dated 6 February 1945 * Honorable Discharge Certificate CONSIDERATION OF EVIDENCE: 1.
ARMY | BCMR | CY2012 | 20120003453
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 | CY2008 | 20080013783
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his separation grade of corporal be changed to the grade of sergeant based on his having been a prisoner of war for over 27 months in Germany. 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...
ARMY | BCMR | CY2003 | 2003087832C070212
The applicant requests, in effect, that his Enlisted Record and Report of Separation, Honorable Discharge, WD AGO Form 53-55, be corrected to show award of the Prisoner of War (POW) Medal and the Purple Heart. Essentially, this guidance states that there is no individual emblem presented to or worn by Army soldiers who were in a unit cited by the French Government for the Croix de Guerre. a. awarding the applicant the World War II Victory Medal and adding this award to his WD AGO Form 53-55,
ARMY | BCMR | CY2014 | 20140011091
Army Regulation 600-8-22 (Military Awards) states the POW Medal is awarded to any person who, while serving in any capacity with the U.S. Armed Forces, was taken prisoner and held captive after 5 April 1917. Therefore, it would be appropriate to add this medal to item 33 of his WD AGO Form 53-55 and the entry, "POW, Company B, 630th Tank Destroyer Battalion, Belgium, 24 December 1944 5 June 1945" to item 55 (Remarks) of his WD AGO Form 53-55. As a result, the Board recommends that all...
ARMY | BCMR | CY2003 | 2003087722C070212
The Board considered the following evidence: The Board considered the applicant’s request for promotion in rank from Staff Sergeant to Technical Sergeant and the documents which he submitted in support of his claim. The Board noted The American Legion Magazine article which stated, in effect, that the Army granted all prisoners of war a one-grade promotion, retroactive to the day they were captured.
ARMY | BCMR | CY2003 | 2003090052C070212
The applicant provides, in support of his application, an undated newspaper article which announces his status as a POW; a self-authored letter, dated 20 May 1995; two Department of the Army Memorandums, dated 12 September 1996 and 17 October 1996, respectively; a letter addressed to a retired Army Colonel, dated 8 December 2001; an undated newspaper clipping which announces his advancement to the grade of SGT; a notice of change of address (WD AGO 204) with an undecipherable date; an...