| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Ms. Margaret K. Patterson | Chairperson | |
| Ms. Jennifer L. Prater | Member | |
| Ms. Mae M. Bullock | Member |
APPLICANT REQUESTS: That he be given a battlefield commission to the rank of second lieutenant.
APPLICANT STATES: In effect, that he and another staff sergeant were told that they were being recommended for a battlefield commission to the rank of second lieutenant, immediately after being awarded Silver Stars for gallantry in action in France in July 1944. He goes on to state that he and the other staff sergeant were sent to the command half-track to complete the paperwork. He further states that the other staff sergeant received his commission and shortly thereafter, was killed in action. He further states that he did not receive any word of his commission and as time passed, the combat engagements required his full attention. His men discouraged him from pursuing the matter because to them, it was an omen of bad luck. He eventually had enough points to be discharged early and had no further contact with members of the 3rd Armored Division. In support of his application he submits a copy of his report of separation (WD AGO Form 53-55) and a copy of his orders awarding him the Silver Star.
EVIDENCE OF RECORD: The applicant's military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, which destroyed millions of service records. However, the available evidence provided by the applicant shows:
He was inducted on 3 November 1941. He completed his training as a medium tank crewman and was transferred to the European Theater of Operations (ETO) on 5 September 1943. He was subsequently promoted to the rank of staff sergeant.
On 31 July 1944, orders were published by Headquarters 3rd Armored Division which awarded the applicant the Silver Star for gallantry in action in France from 9 July to 17 July 1944, when his platoon commander was wounded and he assumed command of the platoon.
On 11 September 1945, he departed the ETO for the United States. He arrived in the United States on 20 September 1945 and was transferred to Jefferson Barracks, Missouri, where he was honorably discharged in the rank of staff sergeant on 28 September 1945. He had served 3 years, 10 months and 26 days of total active service.
In the processing of this case a staff member of the Board researched unit records at the National Archives in College Park, Maryland. A search of records of the 32nd Armored Regiment, 3rd Armored Division during the period in question failed to reveal any evidence to support the applicant’s claim that he was recommended for a battlefield commission.
A Joint Resolution, 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 vacated, would continue “during the present emergency and 6 months thereafter.” The War Department was the approval authority for all battlefield commissions.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the available 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 attempted to verify the applicant’s claim that he was recommended for a battlefield commission by reviewing historical documents for the period in question. However, the unit records fail to verify his contentions.
3. The Board notes that the passage of time (59 years), the lack of witnesses to corroborate his claim and the destruction of his personnel records, makes it difficult at best to verify his claim. In any event, there is no evidence to show that he was ever recommended or approved for a battlefield commission. Accordingly, absent such evidence, there is no basis for the Board to approve his request.
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
___mb __ __mkp___ __jlp____ DENY APPLICATION
| CASE ID | AR2002071817 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/01/14 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 14 | 102.0000/BATTLE COM |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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