IN THE CASE OF:	  

		BOARD DATE:	  3 March 2015

		DOCKET NUMBER:  AR20140011091 


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, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show his rank as "private first class (PFC)" instead of "private (PVT)."

2.  The applicant states:

   a.  He was discharged on 26 November 1945.  He did not receive his promotion orders, dated 21 November 1945, until after he was home.  In 1945, he didn't think much of it.  Today, as he approaches 89 years of age it means a lot to him.  He is presently confined to his home due to a medical disability.

   b.  He entered the Army in September 1943 and arrived in Europe on 1 April 1944.  On 6 June 1944, he landed on Normandy Beach with the 955th Field Artillery Battalion.  After a short period he was assigned to Company B, 630th Tank Destroyer Battalion.  On 18 December 1944, they were overrun by the Germans.  He was wounded and taken prisoner along with several other unit members.  They were liberated on V-E Day, 8 May 1945.  He was returned to the States and sent to the Brooke Hospital Center.  He was released from the service on 26 November 1945.  He was awarded the Purple Heart, Combat Infantryman Badge, and a few other medals.

   c.  While serving with Company B, 630th Tank Destroyer Battalion, the officer in charge informed him that he was promoted to PFC and orders would be published when the unit had the opportunity.  Unfortunately, he was taken prisoner and never had the opportunity to be with his unit again.  When he was discharged, the Purple Heart, Combat Infantryman Badge and Distinguished Unit Badge were listed on his WD AGO Form 53-55 even though there were no general orders (GO) since he was awarded these awards in the field.  Since he could not produce his promotion orders to PFC, he was discharged as a PVT.

   d.  The fact that his WD AGO Form 53-55 shows him as a PVT has been a source of emotional distress and embarrassment.  No individual who normally enters the Army, serves for approximately 2 years, with over a year in a combat environment, is discharged in the rank of PVT.  Had his unit not been overrun and had he not been wounded and captured, he can attest that his company commander would have attended to getting him the promotion orders to PFC.  At this stage in his life, it would bring him great comfort and joy if someone would assist him in getting his WD AGO Form 53-55 changed to reflect his field promotion to PFC.

3.  The applicant provides copies of the following:

* Special Orders (SO) Number 194
* WD AGO Form 53-55
* Honorable Discharge Certificate
* Standard Form 180 (Request Pertaining to Military Records)
* two letters from his doctor and the American Legion Post Commander

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant's complete military records are not available to the Board for review.  A fire destroyed approximately 16 million service members’ records at the National Personnel Records Center in 1973.  It is believed his records were destroyed in that fire.  However, there was sufficient documentation contained in a reconstructed record and those submitted by the applicant for the Board to conduct a fair and impartial review of this case.
3.  The applicant's available military records show he was inducted into the Army of the United States on 9 September 1943 and entered active duty on 30 September 1943.  At the time of his separation, he held military occupational specialty 844 (gun crewman).  He served in the European Theater of Operations (ETO) from 1 April 1944 through 5 June 1945.  

4.  His available records contain and he provided a copy of SO Number 194, issued by Headquarters, Brooke Hospital Center, Fort Sam Houston, TX, on 21 November 1945, promoting him to PFC.

5.  He was honorably discharged on 26 November 1945 with a certificate of disability.  He was credited with completing 9 months and 25 days of continental service and 1 year, 2 months, and 21 days of foreign service.  His WD AGO Form 53-55 lists in:

* Item 3 - PVT
* Item 6 (Organization) - Company B, 630th Tank Destroyer Battalion
* Item 31 (Military Qualifications and Date) - Combat Infantryman Badge, GO not available
* Item 32 (Battles and Campaigns) – Normandy, Ardennes, Northern France, and Rhineland
* Item 33 (Decorations and Awards) – the Army Good Conduct Medal, GO not available; European-African-Middle-Eastern Service Medal; World War II Victory Medal; Purple Heart, GO not available; Distinguished Unit Badge (1st Oak Leaf Cluster), GO not available
* Item 34 (Wounds Received in Action) – 18 December 1944 ETO
* Item 38 (Highest Grade Held) – PVT

6.  He also provided a copy of his Honorable Discharge Certificate, dated 26 November 1945, wherein he was discharged in the rank of PVT.

7.  A DA Form 1577 (Authorization for Issuance of Awards), dated 2 June 1989, published by the Department of the Army, U.S. Army Reserve Personnel Center, St. Louis, Missouri, authorized the issue of the POW Medal to the applicant.  

8.  The U.S. National Archives and Records Administration World War II Prisoners of War (POW) Data File shows the applicant was captured and held in Belgium in a POW status from 24 December 1944 through last report date of 
6 June 1945, a period of 5 months and 13 days, during World War II.

9.  Military Personnel Message, dated 212259Z September 1945, Subject:  POW Promotions directed that Soldiers who were POWs for 18 months or longer, under honorable conditions, would receive a promotion of one grade if not previously promoted after their return to military control. 

10.  An Office of The Adjutant General Letter, dated 24 September 1945 (War Department 383.6 Promotion 21 September 1945), provided a special POW promotion policy.  It stated that upon their return to military control all enlisted personnel below the grade of master sergeant who were in the status of POW, evader or escapee, for a period of 18 months or longer and provided the circumstances surrounding their loss to the Army of the United States was honorable, would be considered for promotion of one grade.  Regulations with respect to time in position, time in grade, and position vacancy were waived to the extent necessary to effectuate the forgoing.  

11.  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. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request and the documentation he submitted were carefully considered and found to have merit.

2.  SO promoted him to PFC on 21 November 1945.  These orders were generated while he was hospitalized as a result of being wounded during World War II.  It appears is records were updated prior to his separation date of 26 November 1945 to show this promotion.  Given his satisfactory performance as evidenced by his honorable characterization of service and receipt of the Army Good Conduct Medal and Purple Heart, it would serve the interest of equity and justice to correct his WD AGO Form 53-55 to show his rank as PFC.

3.  The available evidence confirms he was held a POW and was issued the POW Medal.  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.

4.  He served in the ETO during 4 campaigns.  Therefore, he is entitled to the addition of 4 bronze service stars to be affixed to his already-awarded European-African-Middle-Eastern Campaign Medal.  He is also entitled to have these awards added to his WD AGO Form 53-55.



BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* deleting from items 3 and 38 of his WD AGO Form 53-55 the entries "PVT" and replacing it with the entries "PFC"
* deleting from item 33 of WD AGO Form 53-55 the European-African-Middle-Eastern Campaign Medal
* adding to item 33 of WD AGO Form 53-55 the POW Medal and European-African-Middle-Eastern Campaign Medal with 4 bronze service stars
* adding to item 55 of WD AGO Form 53-55 the entry, "POW, Company B, 630th Tank Destroyer Battalion, Belgium, 24 December 1944 – on or about 5 June 1945" 



      __________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)                                         AR20140011091





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140011091



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1