RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 September 2007 DOCKET NUMBER: AR20070009140 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. Dean L. Turnbull Analyst The following members, a quorum, were present: Mr. Richard T. Dunbar Chairperson Mr. Chester A. Damian Member Mr. Edward E. Montgomery 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 spouse of the deceased Former Service Member (FSM) requests, in effect, that her husband's records be corrected to show he was promoted from sergeant (SGT) to [second] lieutenant. 2. The applicant states, in effect, that the paperwork to promote the FSM to second lieutenant had gone through the appropriate channels before the FSM was wounded in action. 3. The applicant provides a copy of the FSM's Certificate of Death. CONSIDERATION OF EVIDENCE: 1. The FSM's military records are not available for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that the FSM's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. 2. The FSM's reconstructed military records show that he was inducted into the Army of the United Sates on 20 March 1941. He completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) 745 (Rifleman). The WD AGO Form   53-55 (Enlisted Records and Report of Separation Honorable Discharge) he was issued shows he received a Certificate of Disability Discharge on 4 October 1945. 3. The FSM had completed 4 years, 6 months, and 15 days of active service. Item 3 (Grade) of the FSM's WD AGO Form 53-55 shows the entry SGT. Item 38 (Highest Grade Held) of the FSM's WD AGO Form 53-55 shows that his highest grade held while on active duty was sergeant. 4. The NA Form 13038 (Certification of Service) of the FSM shows his service was terminated by an honorable discharge and his last grade, rank, or rating was sergeant. 5. The FSM's reconstructed military records do not contain any paperwork pertaining to a request for promotion from SGT to second lieutenant. 6. Technical Manual 12-235, (Discharge Procedures and Preparation of Separation Forms), in effect at the time, provides that item 3 of the WD AGO Form 53-55, Grade, be completed as follows: “Enter grade held at the time of separation and date of rank or appointment." 7. Public Law 77-252, dated 22 September 1941, provided that "during the present emergency, temporary appointments as officers of the Army of the United States could be made without appointing such persons as officers in any particular component of the Army of the United States." It further provided that such appointments could be vacated at any time by the President and, if not sooner vacated, would continue "during the present emergency and 6 months thereafter." DISCUSSION AND CONCLUSIONS: 1. The applicant requests that her husband's records be corrected to show he was promoted from SGT to second lieutenant. 2. It is acknowledged that the FSM may have been recommended for appointment to second lieutenant, as the applicant stated, and the paperwork may have gone through the appropriate channels before the FSM was wounded in action. However, the evidence shows that the FSM was never appointed to the grade of second lieutenant while on active duty. Regulatory guidance provides that you enter in item 3 of the WD AGO Form 53-55 the grade held at the time of separation and date of rank or appointment. 3. In order to justify correction of a military record the applicant must satisfactorily show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit sufficient evidence that would satisfy this requirement. As such, there is no need to make corrections to the FSM's military records. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____rtd__ ___cad__ ___eem__ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the FSM in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. ________Richard T. Dunbar________ CHAIRPERSON INDEX CASE ID AR20070009140 SUFFIX RECON YYYYMMDD DATE BOARDED 20070927 TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY ISSUES 1. 2. 3. 4. 5. 6.