MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 20 December 2001
         DOCKET NUMBER: AR2001059551

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Jessie B. Strickland		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Mr. Thomas B. Redfern, III		Member
Mr. Lester Echols		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

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APPLICANT REQUESTS: In effect, that his separation documents be corrected to reflect that he was separated in the rank of sergeant (Sgt) and that he was awarded the Silver Star.

APPLICANT STATES: In effect, that after he was evacuated to a hospital for an injured knee and malaria, he received a letter from his platoon leader saying that he (the applicant) had been reduced from the rank of Sgt, to the rank of private due to inefficiency based on his physical condition. He further states that he had served as a squad leader for 2 years and that he was subsequently returned to his unit as a private and served in combat as a machine gunner until he was wounded. He goes on to state that he was recommended for award of the Silver Star, that it is documented in his records, and that it was never awarded. He also states that he wants no monetary renumeration, but simply to set the record straight. In support of his application, he submits a copy of the letter he received informing him of his reduction.

EVIDENCE OF RECORD: The applicant's military records were partially destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, which destroyed millions of service records. However, the surviving records show:

He enlisted in the Army of the United States (AUS) on 4 March 1942 and was promoted to the rank of private first class on 18 September 1942. He was promoted to the temporary rank of Sgt on 22 October 1942 and departed for the Mediterranean Theater of Operations (MTO) on 25 April 1943.

On 28 September 1944, he was reduced to the rank of private by a letter order of the 505^th Parachute Infantry Regiment.

The applicant was wounded in action on 9 February 1945, was awarded the Purple Heart and continued to serve overseas until he was returned to the United States and was honorably discharged in the rank of private on 12 October 1945. His report of separation (WD AGO Form 53-55) shows the highest rank that he held was Sgt.

The facts and circumstances of the reduction are not specified in the record. However, the available records show that the Adjutant General’s Office (AGO) of the War Department responded to an inquiry from the applicant regarding his reduction from the rank of Sgt to the rank of private. In his letter to the AGO, the applicant indicated that he had numerous reoccurrences of malaria that required repeated hospitalization. Because he was a squad leader and because he knew he was not doing his job well, he offered to turn in his rating. His commander at the time told him that he would try and transfer him to another unit so that he could keep his rating; however, his commander was returned to the United States before this could be accomplished. Shortly after that, he injured himself and had another malaria attack that caused him to be hospitalized. It was while he was in the hospital that he received the letter notifying him that he had been reduced in rank.

The commander of the AGO responded to the applicant’s letter on 15 September 1947 and explained that an examination of his records revealed that the reduction in rank had been accomplished by the proper authority in accordance with governing regulations. The commander went on to explain that the governing regulations provide that the appointing authority may reduce a noncommissioned officer for misconduct or inefficiency when after a careful investigation it is found that there is just cause for termination of the appointment. Reductions could also be effected upon request of the individual. He also stated that there was no authority whereby the War Department could set aside the case or restore the applicant to his former grade.

The letter submitted by the applicant with his application is from a lieutenant (platoon leader) and is addressed to the applicant. It is dated 28 October 1944 from Holland. The author explains to the applicant that it had been necessary to reduce him and another soldier to private in order to promote those soldiers who were performing the duties previously performed by the applicant. He also explains to the applicant that he tried to avoid the reduction; however, he had no alternative but to reduce the applicant for inefficiency due to physical condition.

The available records also contain a letter from the applicant’s mother addressed to The Secretary of War. The letter requests the return of her son, who was wounded in action, to the United States and inquires as to the circumstances surrounding his reduction. The Adjutant General of the Army responded to the letter explaining, in effect, that the applicant would be returned to the United States if medical personnel deemed it appropriate and that all care to ensure his safety would be taken. He also explained that while the circumstances surrounding the applicant’s reduction were not immediately available, the authority to make promotions and reductions in the grade of enlisted personnel was under the jurisdiction of field commanders who exercise that authority as the needs of rapidly changing conditions in battle areas necessitate.

A review of the available records fails to show that the applicant was ever recommended for or awarded the Silver Star.

Special Regulation (SR) 615-25-50 provided the provisions for effecting temporary promotions during periods of rapid expansion and was effective upon a declaration of war or on mobilization under appropriate orders. It provided, in pertinent part, that the normal method of promotion in the mobilization Army will be temporary promotion by appropriate promotion authorities applied against specialty and grade vacancies in their command. Time in grade provisions did not apply to table of organization and equipment (TO&E) units in active combat theaters unless prescribed by theater commanders. That regulation also provided, in pertinent part, that only Regular Army soldiers could hold permanent promotions that were retained upon reversion of the Army to a peacetime status when temporary appointments are terminated.

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. While the Board understands the applicant’s concerns regarding his reduction in grade at the time, the issue was addressed at the time that there was a complete set of records and current regulations in effect to review. The result at the time was that the applicant’s reduction in grade was accomplished in accordance with the applicable regulations.

3. The Board also notes that the applicant admitted at the time, that he offered to take a reduction in grade because he was not doing his job well and his commander attempted to get him transferred to another unit so that he could retain his rank, but was unsuccessful.

4. While it is unfortunate that the conditions at the time warranted a reduction in grade, the Board will not attempt, in the absence of evidence to the contrary, to second-guess the commanders in the field, over 50 years ago. Accordingly, there appears to be no basis to reinstate him to the rank of Sgt.

5. Notwithstanding that the applicant was properly reduced in grade in accordance with the applicable regulations, the applicant’s promotion to the rank of sergeant was a temporary promotion and had he not been reduced prior to separation, he still would have been separated in his permanent rank of private in accordance with the regulations in effect at the time.

6. The Board also finds no evidence that the applicant was ever recommended for or awarded the Silver Star. Therefore, in the absence of evidence to the contrary, there is also no basis to award him the Silver Star.

7. 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

__js ____ ___le____ ___tbr___ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2001059551
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2001/12/20
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 327	133.0500/ADMIN RED
2. 324	133.0200/INEFFIC
3. 53	107.0007/SS
4.
5.
6.