APPLICANT REQUESTS: Correction of his military records to show that he was commissioned as a USAR second lieutenant.
APPLICANT STATES: In effect, that prior to his discharge there was a provision that allowed personnel serving in the top three enlisted grades to be promoted to the rank of second lieutenant upon application. He goes on to state that he applied for the promotion but never received a response to his application. In support of his application he submits copies of his separation documents, copies of letters indicating his attempts to obtain citizenship, and copies of recommendations for his enlisted promotions.
EVIDENCE OF RECORD: The applicant's military records were destroyed in the National Personnel Records Center fire of 1973. Information contained herein was obtained from the separation documents provided by the applicant:
The applicant enlisted as a non U.S. citizen in Kunming, China on 19 February 1945 for the duration of the war plus 6 months. He attained the grade of staff sergeant and performed the duties of an administrative NCO. He was honorably discharged at the Presidio of San Francisco, California on 27 February 1948. He reenlisted the next day (28 February 1948) for a period of 1 year. He was again honorably discharged on 29 February 1949 after having served a total of 4 years and 9 days of total active service. He was discharged in the rank of sergeant.
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. Inasmuch as there are no records available to substantiate the applicants claim that he applied for a commission or that the request was ever acted upon, there is no basis upon which to approve his request.
2. Likewise, there is no evidence to show that the applicant would have been selected had he applied and it would not be appropriate for the Board to make such a determination given the passage of time that has occurred (over 40 years) and the unavailability of records.
3. In view of the foregoing, there is no basis to approve the applicants 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
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