MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        

         BOARD DATE: 21 March 2002
         DOCKET NUMBER: AR2001060563

         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
Ms. Linda D. Simmons		Member
Mr. John T. Meixell		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)

APPLICANT REQUESTS: Reconsideration of his request for promotion to the rank of captain.

APPLICANT STATES: In effect, that he has recently discovered new evidence which shows that he was unjustly denied promotion to the rank of captain because the approval authority disregarded the laudatory comments in the chain of command recommendations. He also states that he never met the regimental commander and that the commander had no basis to cast any doubt about his performance of duty, efficiency or his capability as a medical officer. He goes on to state that the Board did not have evidence at the time to show that his promotion recommendation was processed to completion; however, he has found the documents to show otherwise and submits them with his application. He further states, in a lengthy brief, that the information referred to by the Board indicating that he suffered from psychosis was, in effect, situational depression, and provides an explanation of the events at the time. He also states that he has served as a physician for over 50 years and clearly shows that he was not an unstable medical officer. In support of his application, he submits letters from a former member of his unit who attest to his proficiency as a medical officer, a copy of his promotion recommendation, a copy of his request for transfer, a copy of his flight physical, copies of medical diagnoses of his illnesses and injuries at the time, and copies of correspondence he sent to his commander.

NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in a memorandum of consideration (AR2000040380) prepared to reflect the Board's original consideration of his case on 30 January 2001.

The applicant was appointed as a first lieutenant in the Medical Reserve Corps on 15 June 1939 and entered active duty on 30 July 1941. Upon completion of his initial entry training he was assigned to Fort Gordon, Georgia, where he remained from 15 December 1941 to 10 July 1942, when he was transferred to Fort Benning, Georgia, to undergo airborne training.

However, on 9 July 1942, a day before his departure from Fort Gordon, a recommendation for promotion to the rank of captain was submitted by his commander.

Upon completion of airborne training he was assigned to the 505^th Parachute Infantry Regiment (PIR) at Fort Benning, Georgia. He was subsequently assigned to the 503^rd PIR at Fort Bragg, North Carolina, and deployed with that unit to the Pacific Theater of Operations (PTO) during World War II.

There is no indication that the recommendation for promotion was ever processed to completion; however, the applicant submitted a request to the Adjutant General of the Army (TAG) on 8 October 1942, regarding his promotion, and a tracer action was initiated.

On 9 June 1943, the applicant submitted a request for transfer from the 503^rd PIR, because he was not in accord with the medical practices of the organization and because it would be of benefit to the service. He also indicated that he did not like the way he was being treated, was dissatisfied that he was not deemed worthy of promotion, despite his performance and qualifications, that he had been wrongfully and forcefully interned as an insanity case and was subsequently determined to be completely normal. His commander indicated that given the applicant’s whole-hearted dissatisfaction and utter disgust with his present organization, he approved of the applicant’s request for transfer.

On 11 June 1943, a revision of tables of organization (TO&E) was published by Headquarters, U.S. Army Forces in the Far East which provided, in effect, that recommendations for promotion of medical corps officers from the grade of first lieutenant to captain may be submitted at any time after the officer had served 6 months in grade and had by his performance of duty demonstrated to his present commanding officer that he was fully qualified for promotion.

On 30 July 1943, the regimental commander (a colonel) responded to the tracer action regarding the applicant’s promotion, indicating that it was not recommended that the applicant be promoted to the next higher grade at that time. He provided no additional explanation of his decision not to recommend the applicant for promotion.

The applicant was reassigned to the 116^th Medical Battalion on 6 January 1944 and then to the 186^th Infantry Regiment on 16 February 1944. On 12 March 1944, he was admitted to the 5^th Station Hospital after exhibiting psychotic behavior. He was subsequently transferred to the 42d General Hospital, Letterman General Hospital in San Francisco, California, Rhoads General Hospital, Utica, New York and then to Walter Reed General Hospital, Washington D.C., where he appeared before the Army Retiring Board on 10 November 1944.

He was found to be incapacitated for active service by reason of psychosis, manic depressive, manic type, in remission. His disability was determined to be service related and he was honorably discharged by reason of permanent disability on 31 March 1945 and retired in the rank of first lieutenant.

The letters submitted by a third party officer who served with the applicant are complimentary of the officers performance as a medical officer and offer personal opinions to the effect that the applicant deserved to be promoted to the rank of captain.
The medical diagnoses submitted by the applicant show that he had an abscess in the upper left abdomen that was diagnosed at Rhoads General Hospital and subsequent to his discharge (2 February 1948) was diagnosed by a civilian physician to have a narrowing of the disc between the 4^th and 5^th lumbar vertebrae bodies.

War Department Circular 161, dated 21 May 1942, governed the temporary promotion of officers on active duty. It provided, in pertinent part, no promotion was effective until approved by all commanders in the chain of command and favorably acted upon by the major commander who had the authority to promote.

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. Although it is apparent, based on the documents submitted by the applicant, that he was dissatisfied with his assignment to the 503^rd PIR, it is also apparent that his chain of command was dissatisfied with his performance in that unit as well. While the Board understands the applicant’s disappointment in not being promoted to the rank of captain, it was his responsibility at the time to demonstrate to his chain of command that he was worthy of promotion. The documents submitted by the applicant clearly show that he failed to gain the confidence of his chain of command.

3. While the applicant now disputes the basis for his medical disability discharge and has submitted documents to show that he had other injuries and illnesses both prior to and subsequent to his discharge, the applicant was afforded the opportunity to address those issues before an Army Retiring Board prior to his discharge. While the Board does not have the benefit of reviewing those proceedings, the Board will not attempt to second-guess the judgment of that board, which had current information on hand, 57 years after the fact.

4. Although the supporting letters submitted by the applicant from a fellow officer who was aware of his performance as a medical officer are complimentary of the applicant, it appears that he was not aware of the expectations of the applicant’s chain of command at the time and the extent to which the applicant failed to fulfill those expectations. While the Board does not dispute the applicant’s abilities as a physician subsequent to his discharge, the evidence of record shows that he did not meet the expectations of an Army physician as evidenced by his failure to receive a recommendation for promotion. Accordingly, the Board will not attempt to second guess the basis for the chain of command not recommending him for promotion at the time.

5. The overall merits of the case, including the latest submissions and arguments, are insufficient as a basis for the Board to reverse its previous decision.

6. 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____ __lds____ __jm ___ DENY APPLICATION

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

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INDEX

CASE ID	AR2001060563
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/03/28
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 310	131.0000/PROM
2.
3.
4.
5.
6.