| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Ms. Joann H. Langston | Chairperson | |
| Mr. Mark D. Manning | Member | |
| Mr. Jose A. Martinez | Member |
APPLICANT REQUESTS: In effect, that his records be corrected to show he received a battlefield commission and that he receive just compensation.
APPLICANT STATES: That he was a sergeant at the time his platoon leader was killed by a German sniper around 14 or 15 March 1945. Headquarters told him to take over the platoon and continue the mission. He was made a staff sergeant at the time. He was later informed that he should have been given a field commission. He provides no supporting evidence.
EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973. Information contained herein was obtained from alternate sources.
The applicant was born on 26 April 1920. He was inducted into the Army on 25 June 1944. He arrived in the European Theater of Operations on 13 January 1945 and departed on 22 May 1945. He was separated on 2 November 1945 in the rank of staff sergeant as an infantry squad leader. His Report of Separation, WD AGO Form 53-55, shows that he was awarded the Combat Infantryman Badge, the Army Good Conduct Medal, the European-African-Middle Eastern Theater Service Medal, and the Lapel Button.
Public Law 77-252, dated 22 September 1941, provided that “during the present emergency, temporary appointments as officers of the Army of the United States could be made without appointing such persons as officers in any particular component of the Army of the United States.” It further provided that such appointments could be vacated at any time by the President and, if not sooner vacated, would continue “during the present emergency and 6 months thereafter.”
The editions of Army Regulation 605-10 and changes thereto in effect between 1941 and 1949 implemented Public Law 77-252. Army Regulation 605-10 dated 26 May 1944 provided that enlisted men and warrant officers of the Army who were not graduates of officer candidate schools, or of a school or resident course of instruction recognized by the War Department as qualifying them for a commission and who were not former officers would not be appointed unless: (1) upon appointment the appointee passed his 30th birthday. Exceptions could be made where the individual possessed a scarce category of specialized skill in which not enough trained men were available to fill the needs of the armed forces at the time required provided the individual met all other requirements prescribed by regulations; (2) recommendation was accompanied by satisfactory evidence that the individual possessed special ability of a technical or professional nature
qualifying him for duty as a commissioned officer in the particular assignment for which he was recommended; (3) his Army General Classification Test score was 110 or higher; (4) the recommended individual was in the active military service of the United States and had completed more than 4 months’ active military service immediately preceding recommendation for appointment; and (5) he was recommended by a board of officers appointed by the regimental or corresponding higher commander for the purpose of conducting an appropriate examination. When a commander of United States forces outside the continental United States was granted special authority by the War Department to appoint or to recommend the appointment of officers, the qualifications for appointment would be as indicated in the special War Department instructions authorizing the appointments.
Army Regulation 600-8-22 provides, in pertinent part, for the award of the Bronze Star Medal to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy. A citation in orders for the Combat Infantryman Badge or Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.
An Authorization for Issuance of Awards, DA Form 1577, dated 21 June 2000 authorized issuance of the Bronze Star Medal and the World War II Victory Medal, in addition to the other awards listed on his WD AGO Form 53-55, to the applicant.
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 notes that the applicant does not contend that he was ever recommended for a battlefield appointment as a commissioned officer. There is no evidence to show that he was recommended for a battlefield commission and no evidence to show that he was tendered and accepted a temporary appointment as a second lieutenant; therefore, the applicant is not entitled to correction of his records to show that he was tendered a battlefield commission.
3. 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.
NOTE: The Army Review Boards Agency, Support Division, will be directed to amend the applicant’s WD AGO Form 53-55 to add the Bronze Star Medal and the World War II Victory Medal.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__jhl___ __mdm___ __jam___ DENY APPLICATION
| CASE ID | AR2001060675 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20011011 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 102.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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