IN THE CASE OF:	  

		BOARD DATE:	  31 January 2012

		DOCKET NUMBER:  AR20110014532 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests his records be corrected to increase his rank to sergeant/E-5.

2.  The applicant states he was told he should receive a stripe for combat and for being a prisoner of war (POW).

3.  The applicant provides his WD AGO 53-55 (Enlisted Record and Report of Separation Honorable Discharge).

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 applicant’s 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 applicant’s 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 service personnel records were lost or destroyed in a fire at the National Personnel Records Center in 1973.  The records available to the Army Board for Correction of Military Records were provided in part by the applicant and also obtained from alternate sources and are sufficient for the Board to conduct a fair and impartial review of this case.  The primary record available to this Board is the applicant’s WD AGO Form 53-55 and WD Form 372A (Final Payment-Work Sheet).

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 19 January 1944 and entered active duty on 8 February 1944.  This form also shows at the time of his separation, he held military occupational specialty 605 (Ammunition Bearer, Heavy Machine Gun). 

4.  His DD Form 214 shows he departed the continental United States on 
13 October 1944 and he arrived in the European-African-Middle Eastern Theater on 17 October 1944.

5.  The National Archives World War II Prisoners of War Data File, 7 December 1941 to 19 November 1946, lists the applicant as having been captured on 
21 February 1945 in the European Theater: France.  His grade at the time of capture is listed as private and Germany is listed as the detaining power.  The applicant was returned to military control, liberated, or repatriated around May of 1945.

6.  The applicant was honorably discharged by reason of Convenience of the Government (Prisoner of War).  He had completed 1 year, 10 months, and 19 days of active service, of which 9 months were as a POW.

7.  Item 3 (Grade) of the applicant's WD AGO Form 53-55 contains the entry "PVT" (private).  Item 6 (Organization) identifies the applicant's unit as Company D, 8th Infantry.  Item 38 (Highest Grade Held) of the applicant's WD AGO Form 53-55 contains the entry "PRIVATE."

8.  A Final Payment -Work Sheet dated 23 December 1945, from the Separation Center at Fort Bragg, NC, shows the applicant's final payment was based on the grade of private.

9.  There is no record of the applicant receiving a field promotion for combat.

10.  Army Regulation 615-5 (Enlisted Men - Appointment and Reduction of Noncommissioned Officer and Privates, First Class) stated:

	a.  in Change No. 6, dated 23 May 1945 that commanders may waive the requirements of an authorized vacancy to appoint temporarily to the next higher grade any enlisted person below the first pay grade who is returned to United States military control from a status of: (1) internee, (2) missing in action, 
(3) evading capture in enemy held territory, or (4) prisoner of war (including those repatriated under the provisions of the Geneva Convention), and who presumably would have been promoted except for his internment, evasion or capture, provided that the circumstances surrounding the individual's loss to the Army of the United States were honorable.

	b.  the commanding officer of a unit to which an allotment of grades was authorized by the War Department would determine and suballot a definite proportion to his subordinate commanders authorized to make appointments.  It also stated that 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).  Depending on the type of unit, the company, battalion or regimental commander was the appointment authority.

11.  War Department, The Adjutant General's Office, Letter AG 383.6 (Procedures for Processing, Return, and Reassignment of Recovered Personnel (Short Title:  POW)), dated 31 May 1945, provided additional guidance on the policy for an immediate one grade advancement of those individuals who presumably would have been advanced in grade but for their loss to United States military control.

12.  The Total Army Personnel Command (PERSCOM) (now known as the Human Resources Command (HRC)) previously advised the Board that a message, date time group 212259 September 1945, from the Military Personnel Division, Army Service Forces, Washington, D.C., stated that all recovered enlisted personnel, below the grade of master sergeant, who had been absent from military control under honorable conditions for at least 18 months, would receive a one grade promotion.

13.  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 all enlisted personnel below the grade of master sergeant who were in the status 
of prisoner of war, evader, or escapee, provided such personnel were in such status for a period of 18 months or longer and provided further that the circumstances surrounding their loss to the Army were honorable.   

DISCUSSION AND CONCLUSIONS:

1.  The World War II POW promotion policy provided only for the promotion of returning POWs who had been held as a POW for 18 months or longer.  The evidence of record confirms the applicant was a POW for a period of approximately 9 months.  As a result, he does not qualify for an automatic promotion under the special World War II POW promotion policy.

2.  Promotions were not granted simply because a Soldier was in combat.  Promotions were granted on the basis of potential and available allotments of vacancies in a specific grade.  There is no evidence in the applicant's available records nor has he provided evidence to show that his commanding officer promoted him to a higher grade.  

3.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices he made in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ____x___  ____x___  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.



      _______ _   _x______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20110014532





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ABCMR Record of Proceedings (cont)                                         AR20110014532



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