| Mr. Carl W. S. Chun | Director | |
| Ms. Deyon D. Battle | Analyst |
| Mr. John N. Slone | Chairperson | |
| Ms. Margaret V. Thompson | Member | |
| Mr. William D. Powers | Member |
APPLICANT REQUESTS: That his records be corrected to show that he was promoted to the rank of captain prior to his discharge in 1946.
APPLICANT STATES: That he was verbally advised that he was eligible for promotion to captain because he had 3 years of prior service as an enlisted man. He states that his promotion was delayed until Fort MacArthur could obtain additional information and remaining on active duty for an additional 6 to 8 weeks would have risked his return to civilian employment. In support of his appeal he submits copies of his Reports of Separation, copies of his Honorable Discharge Certificates, a copy of an Annual or Terminal Statement of Retirement Points, a copy of an Officer Reserve Corps Service Evaluation, and a copy of reassignment orders.
EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from alternate sources.
He was inducted into the Army on 26 March 1941. The Report of Separation that he was furnished for this period of service shows that he was honorably discharged in the rank of corporal on 17 December 1942 to accept an appointment as a second lieutenant in the Army of the United States.
He accepted his appointment to second lieutenant on 18 December 1942 and the Report of Separation that he was furnished to reflect this period of service shows that he was honorably released from active duty on 22 April 1946 in the rank of first lieutenant.
The applicant submitted a copy of Reassignment Orders dated 18 November 1947 that shows his rank is first lieutenant. He also submitted copies of an Annual or Terminal Statement of Retirement Points dated 9 June 1952 and an Officer Reserve Corps Evaluation dated 23 April 1952, that shows his rank as a first lieutenant.
A review of the available evidence fails to show that the applicant was ever selected for a promotion to the rank of captain.
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 satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. The Board has noted the applicant’s contentions. However, they are unsubstantiated by the available evidence. The evidence shows that the applicant accepted an appointment in the Army as a second lieutenant and was released from active duty as a first lieutenant.
3. There is no evidence of record that shows that he was selected for promotion to captain and in the absence of evidence to the contrary, it must be presumed that what the Army did in his case was 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
___mvt__ __wdp___ ___js ___ DENY APPLICATION
| CASE ID | AR2001055041 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2001/07/24 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 310 | 131.0000.0000 |
| 2. 320 | 131.1000.0000 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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