RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           17 March 2005
      DOCKET NUMBER:  AR20040004551


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

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John E. Denning               |     |Chairperson          |
|     |Mr. Joe R. Schroeder              |     |Member               |
|     |Mr. Michael J. Flynn              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his records be corrected to show he was
promoted to captain and, in effect, that he be issued an Honorable
Discharge Certificate.

2.  The applicant states that he was in a Veterans Administration (VA)
hospital from the fall of 1952 to May 1953 during which time he received a
letter stating he was administratively promoted to captain in the active
Reserve.  He was gravely ill and not expected to survive.  He never
received an official discharge or promotion.  His request is for purely
sentimental reasons.  He has agonized over the years for not having
finished his active Reserve career and not having received that promotion
to captain.  He has no intention of asking for or receiving monetary
compensation; however, he would like to tell his grandchildren he was a
captain.

3.  The applicant provides his WD AGO Form 100 (Separation Qualification
Record); appointment orders dated 26 September 1949; a letter dated 4 June
1951 relieving him from Armor detail; and two appointment certificates.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 23 November 1953.  The application submitted in this case
is dated 17 July 2004.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant had prior active service in the Army Air Corps and
separated as a second lieutenant in October 1945.

4.  The applicant was appointed a first lieutenant in the Officers' Reserve
Corps on 26 September 1949.

5.  A letter dated 28 May 1952, Subject:  Promotion of Reserve Officers to
Highest Grade Held in AUS (Army of the United States), Headquarters, Texas
Military District made reference to a Department of the Army letter,
subject:  Appointment of Reserve Officers, dated 2 May 1952.  The 28 May
1952 letter requested that the applicant's records be screened to determine
his eligibility for promotion to the highest AUS grade he held.  An undated
endorsement indicated the applicant was not eligible for Reserve promotion
under the 2 May 1952 letter cited.

6.  There is no document related specifically to promotion to captain in
the applicant's records.

7.  Around August 1953, the applicant was notified that he had failed to
accumulate sufficient points to qualify for retention in his present status
(apparently due to his lengthy hospitalization).  Around this date, he
informed his headquarters that he was drawing VA disability.  He was in
turn informed that he was eligible for transfer to the Retired Reserve.  He
elected discharge from the Army Reserve.

8.  Effective 23 November 1953, the applicant was honorably discharged, as
a first lieutenant, from the Army Reserve and from any temporary
appointment which may have been held by him in the Army of the United
States.  His records do not contain an honorable discharge certificate.

9.  Special Regulation 140-155-1 (Organized Reserve Corps Commissioned
Officers – Promotion), effective 1 April 1950, stated that each officer
shall have satisfactorily passed a final-type physical examination within 1
year prior to the date of recommendation for promotion.

10.  Army Regulation 135-155 (Promotion of Commissioned Officers, other
than General Officers, Not on Active Duty), effective 1 January 1953,
superseded Special Regulation 140-155-1.  It stated that prior to
promotion, a nonunit or a unit officer was required to have passed a final-
type physical examination within 1 year prior to promotion.

DISCUSSION AND CONCLUSIONS:

1.  There is no available evidence of record to show the applicant received
a letter sometime between the fall of 1952 and May 1953 stating he was
administratively promoted to captain in the active Reserve.  As he stated,
he was hospitalized for an extensive period and was gravely ill.  Special
Regulation   140-155-1 required an officer to have passed a physical
examination within         1 year prior to the date he was recommended for
promotion.  Army Regulation 135-155 required an officer to have passed a
physical examination within 1 year prior to promotion.

2.  Absent having the letter mentioned by the applicant available for
consideration, the Board presumes the applicant was not eligible for
promotion. His reasons for requesting this correction are understandable.
Regrettably, there is insufficient evidence to warrant granting the relief.

3.  The evidence of record does show that the applicant was honorably
discharged from the Officer Reserve Corps on 23 November 1953.  He contends
he never received an official discharge and there is no honorable discharge
certificate in his records.  It would be equitable to provide him with an
honorable discharge certificate at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jed___  __jrs___  __mjf___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by issuing him an
Honorable Discharge Certificate showing he was discharged from the Officer
Reserve Corps effective                  23 November 1953.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
showing he was promoted to captain.




            __John E. Denning_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040004551                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050317                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |131.00                                  |
|2.                      |110.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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