| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Walter T. Morrison | Member | |
| Mr. Christopher J. Prosser | Member |
APPLICANT REQUESTS: In effect, that he be given a battlefield commission to the rank of second lieutenant (2LT).
APPLICANT STATES: In effect, that he was a platoon leader in combat without a commissioned officer and was told by someone higher than his company commander that if he was planning on staying in the service after the war, he could have a commission. He further states that he is 88 years of age and believes that his service to his country warrants his receiving a battlefield commission.
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 volunteered for induction in Syracuse, New York, on 29 January 1941. He completed his training and was transferred to the Pacific Theater of Operations (PTO) on 7 April 1942. He remained in the PTO until 6 May 1943, when he was returned to the United States. He was promoted to the rank of technical sergeant (T/Sgt) on 13 March 1944 and remained in the United States until 20 September 1944, when he was transferred to the European Theater of Operations (ETO). His records also show that he was awarded the Bronze Star Medal for heroism on 10 April 1945, while serving with the 333rd Infantry Regiment, 84th Infantry Division.
He was returned to the United States on 28 September 1945, where he was honorably discharged in the rank of T/SGT at Fort Dix, New Jersey, on 4 October 1945.
A review of the available records fails to show that the applicant was ever recommended for a battlefield commission.
A Joint Resolution, Public Law 77-252, dated 25 September 1941, provided that, “during the present emergency, temporary appointments as officers of the Army of the United States (AUS) could be made without appointing such persons as officers in any particular component of the AUS.” 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 77-752. The period of an appointment as a commissioned officer without component was specified as the duration of the present emergency and 6 months thereafter, unless sooner terminated. Provisions were made for termination of such an appointment at the discretion of the President. In addition, it was stipulated that, during the present emergency and such further period as the Secretary of War may prescribe, former enlisted men who were discharged to enter on active commissioned service, and who presented themselves for enlistment upon the honorable termination of their officer status, would be entitled to restoration to the enlisted grade held immediately preceding their commissioned service.
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 commends the applicant for his excellent record of service to his country, the available evidence of record fails to show that he was ever recommended for or received a battlefield commission. Accordingly, in the absence of evidence to show that he was recommended for a battlefield commission that was not properly considered, it must be presumed that what the Army did in his case was correct.
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.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
___fe ___ __cjp ___ __wtm___ DENY APPLICATION
| CASE ID | AR2002067576 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/05/02 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 14 | 102.0000/BATTLEFIED COMMISSION |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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