IN THE CASE OF:	  

		BOARD DATE:	  21 August 2012

		DOCKET NUMBER:  AR20120003453 


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 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).

2.  The applicant states he was a POW and had been up for a promotion to Cpl but did not receive it.  He states he was a POW in Germany after being captured in the Netherlands.  

3.  The applicant provides a National Personnel Records Center (NPRC) letter, dated 24 October 2007, in support of his application.  

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 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.  This case is being considered using reconstructed records, which primarily consist of the applicant’s WD AGO Form 53-55, U.S. National Archives and Records Administration (NARA) POW Data File Print-Out, and miscellaneous documents remaining in the NPRC file. 

3.  The applicant’s WD AGO Form 53-55 shows that he was inducted into the Army of the United States and entered active duty on 23 April 1943 and that he continuously served until being honorably separated on 2 October 1945.  This document confirms he held the rank of private on the date of his separation in item 3 (Grade), and that this is the highest grade he held on active duty in item 28 (Highest Grade Held).  

4.  The applicant’s WD AGO Form 53-55 also he served in the European Theater of Operations (ETO) from 15 November 1943 through 6 May 1945 and that he participated in the Normandy, Northern France, Rhineland, and Central Europe, campaigns of World War II.  

5.  The WD AGO Form 53-55 also shows that during his active duty tenure, the applicant earned the Purple Heart, Army Good Conduct Medal, and 
European-African-Middle Eastern Campaign Medal with 4 bronze service stars.

6.  A NARA POW data print-out in the NPRC file shows the applicant was a POW in Germany from 19 September 1944 through 15 April 1945. 

7.  An Authorization for Issuance of Awards (DA Form 1577), dated 28 April 1988, published by the Department of the Army (DA), U.S. Army Reserve Personnel Center (ARPERCEN), St. Louis, Missouri, authorized the issue of the POW Medal to the applicant.  

8.  War Department (WD) Letter (Processing, Return and Reassignment of Recovered Personnel (short title: POW), dated 3 October 1944, as amended in WD policy letters, dated 19 February 1945 and 17 August 1945, established operating procedures for the processing and disposition of recovered POWs that would be uniform throughout the Army.	

9.  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.  It further stated that returning enlisted personnel would be promoted one grade provided there was a reasonable presumption that they would have been so promoted at some prior date but for their loss to military control; that the circumstances surrounding their loss to military control was honorable; that the individual had not been promoted subsequent to his return to military control; and that it could reasonably be expected that they would perform efficiently in the higher grade.  Consideration for an additional promotion was extended to enlisted members who had been held as a POW for 18 months.  
10.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-9 of the awards regulation contains guidance on award of the POW Medal.  It states, in pertinent part, that it is authorized to be 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. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his WD AGO Form 53-55 show his POW status and that he had been promoted to CPL has been carefully considered and found to have partial merit.  

2.  The evidence confirms the applicant was a POW from 19 September 1944 to 15 April 1945 and that he was issued the POW Medal.  Therefore, it would be appropriate to add the POW Medal to item 33 (Decorations and Citations) and the entry "POW, Germany, 19 September 1944-15 April 1945" to item 55 (Remarks) of his WD AGO Form 53-55.

3.  The evidence also shows that the applicant held the rank of private at the time of his capture.  There is no evidence indicating he was interviewed to determine his eligibility for immediate one grade advancement upon his return to military control, as provided for by the Army’s special promotion policy for returning POW’s in effect at the time.  Absent evidence showing he was properly interviewed upon his return to military control, it is concluded he was unjustly denied due promotion consideration under the provisions of the Army’s special POW policy.  Therefore, given his satisfactory performance as evidenced by his honorable characterization of service and receipt of the Army Good Conduct Medal, it would serve the interest of equity and justice to advance the applicant one grade to private first class (PFC) and to amend his WD AGO Form 53-55 accordingly at this time.

4.  There is no evidence showing that he was ever recommended for or promoted to the rank of CPL.  Further, he was not held as a POW for 18 months which is the eligibility requirement for a consideration for an additional promotion under the Army’s special promotion policy for returning POW’s in effect at the time.  Therefore, there is an insufficient evidentiary basis to support granting this portion of requested relief.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his WD AGO Form 53-55 as follows:

	a.  Item 3 and Item 28 - delete the current entries and change them to read "Private First Class"; 

	b.  Item 33 - add the POW Medal; and 

	c.  Item 55 - add the entry "POW, Germany, 19 September 1944-15 April 1945."

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 promotion to corporal. 



      _______ _   _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)                                         AR20120003453



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ABCMR Record of Proceedings (cont)                                         AR20120003453



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