APPLICANT REQUESTS:  Correction of her deceased husband’s military records to show that he was promoted to the rank of permanent first lieutenant.

APPLICANT STATES:  That her husband, a former service member (FSM) died believing that he had been promoted to permanent first lieutenant.  She goes on to state that if her husband was in fact promoted to the rank of permanent first lieutenant, his records should be corrected accordingly.

EVIDENCE OF RECORD:  The FSM’s military records show:

He was inducted in Baltimore, Maryland on 20 May 1941 and assigned to Fort Meade, Maryland.  He was subsequently promoted to the rank of corporal on 13 July 1942 while stationed in Washington D.C..

The FSM was transferred to Fort Benning, Georgia on 24 July 1942 for the purpose of attending officer candidate school (OCS).  He successfully completed his training and was commissioned as a USAR infantry second lieutenant on 31 October 1942 with a concurrent call to active duty.

On 10 October 1943 the FSM was injured by a bomb blast during combat in Italy that caused a concussion and rendered him unconscious.  The blast caused injury to the FSM that resulted in a loss of hearing and severe headaches.  Consequently, he was returned to Fort Benning, Georgia for limited duty until a medical board of officers was convened to determine his fitness for retention for further service.

On 19 March 1945 he was released from active duty in the rank of second lieutenant by reason of permanent physical disability (40 percent) and transferred to the USAR with entitlement to retirement pay.  His records clearly show that second lieutenant was the highest grade satisfactorily held. 

On 4 January 1951 the Department notified the FSM that he was honorably discharged from his commission as a second lieutenant due to his permanent incapacitation.
There is no indication in the FSM’s records to show that he was ever officially promoted to the rank of permanent first lieutenant.  However, there are documents in his records that show his rank as a first lieutenant and address the issue of his promotion.  They indicate that he was not promoted to the rank of permanent first lieutenant and that he was never paid in that rank.  All indications are that he was wearing the rank of first lieutenant in error.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  Although there are documents in the FSM’s record that show him as a first lieutenant, specific inquiries were made of his previous command and a determination was made that he had not been officially promoted.  The applicant has not submitted any evidence that would show otherwise.

3.  The determination of his grade as second lieutenant was carried on right up until his separation for permanent physical disability and subsequent discharge.  Consequently, the FSM’s rank of second lieutenant at the time of separation appears to be correct.

4.  In view of the foregoing, there is no basis for granting the applicant’s request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.


BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director