IN THE CASE OF:	  

		BOARD DATE:	    12 January 2010

		DOCKET NUMBER:  AR20090012376 


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 the records of his father, a former service member (FSM), be corrected to show he was promoted to lieutenant colonel and that he retired in the grade of lieutenant colonel.

2.  The applicant states his father's promotions to lieutenant colonel and major were effective on the same date.  He states his father retired as a major.  He states his father was promoted to lieutenant colonel and was never recognized for this achievement.

3.  The applicant provides copies of letters for the promotion of the FSM to lieutenant colonel and major and the FSM's death certificate in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The FSM's military personnel records show he was commissioned as a second lieutenant in the U.S. Army Reserve (USAR) on 27 January 1949.  He had previously served 3 years, 9 months, and 16 days of active service in the U.S. Navy in an enlisted status.

2.  On 8 September 1955, the FSM was promoted to captain in the USAR.

3.  A letter, dated 15 October 1962, from the Department of the Army Office of the Adjutant General notified the FSM he was promoted to the grade of lieutenant colonel effective 7 September 1962.  Handwritten notations in the margin of the record copy of this letter indicate it was rescinded or cancelled due to the FSM being promoted in the wrong grade and refers to a letter, dated 14 December 1962.

4.  A letter, dated 10 November 1962, from the FSM's unit to the Department of the Army Office of the Adjutant General requested clarification of the previous promotion letter dated 15 October 1962.  The unit stated there was no record of the FSM having been promoted to major.

5.  On 18 December 1962, the Department of the Army Office of the Adjutant General forwarded a new promotion letter, dated 14 December 1962, promoting the FSM to major effective 7 September 1962.

6.  On 31 July 1966, the FSM was transferred to the Retired Reserve in the grade of major.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his father was promoted to lieutenant colonel and should have been retired in that grade.

2.  There is no evidence in the FSM's military personnel records of his having been promoted to major prior to 7 September 1962.  It is clear from the correspondence and the notes in the FSM's military records that the promotion letter, dated 15 October 1962, was issued in error.  Upon notification of the error, the Department of the Army Office of the Adjutant General issued a new letter, dated 14 December 1962, promoting the FSM to major.

3.  In view of the above, the FSM was correctly transferred to the Retired Reserve in the grade of major.

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

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)                                         AR20090012376



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ABCMR Record of Proceedings (cont)                                         AR20090012376



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