RECORD OF PROCEEDINGS


	IN THE CASE OF:    
	   

	BOARD DATE:           1 November 2005                   
	DOCKET NUMBER:   AR20050001862


	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

Mr. Joseph A. Adriance 

Analyst


The following members, a quorum, were present:


Mr. James E. Anderholm

Chairperson

Mr. Thomas E. O’Shaughessy

Member

Ms. Carol A. Kornhoff

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, in effect, that a formal discharge be issued to her deceased husband, a former service member (FSM).  

2.  The applicant states, in effect, that the FSM’s military career began during his involvement in the Rhode Island (RI) branch of the Reserve Officer Training Corps (ROTC) during his college years.  She claims that in June 1934, he was appointed a second lieutenant (2LT) in the Army of the United States (AUS), and that he was subsequently promoted to the rank of first lieutenant (1LT).  She states that in June 1944, the FSM was granted permanent Federal recognition by the National Guard Bureau (NGB) under Sections 74 and 75 of the National Defense Act and filled a vacancy at the Edgewood Arsenal and Aberdeen Test Facility during the wartime years.  She claims her husband served at Edgewood Arsenal, Maryland for 4 years.  Beyond that point, the FSM was assigned to work on the Manhattan Project at John Hopkins University Laboratory and other locations before leaving his country’s service in December 1945.  She states that her husband was sworn to an oath of secrecy under direction of the President of the United States and that oath remained in effect for a 50-year period.  She claims a War Department (WD) memorandum, dated 28 December 1943, indicates the FSM was discharged, but this information was never entered into the records and a formal discharge and military status number were never issued.  

3.  The applicant claims that once the FSM’s oath of secrecy expired, they began to seek his legal status as a veteran be defined, but this goal has still not been achieved.  She concludes by stating that after attempting to resolve this issue through her Senator’s office for many years, she is still trying to gain legal discharge status for her husband, and to establish his position as a veteran of the United States Army.  

4.  The applicant provides the following documents in support of her application:  Self-Authored Statement; Third-Party Statement (Sister); RI OTAG Special Orders Number 207, dated 23 October 1935; WD AGO Form 0652B (Appointment National Guard/Infantry), dated 28 April 1937; RI OTAG Letter, dated 22 May 1940; RI OTAG Special Orders Number 169, dated 27 August 1940; Resignation Letter, dated 12 September 1940;  Temporary Associate Chemical Engineer Appointment Oath of Office, dated 23 September 1940;  Indefinite Associate Chemical Engineer Appointment Memorandum, dated 
30 June 1941; Memorandum Request for Commission, dated 1 December 1942; and WD Memorandum of Discharge from Engineer Position and Chemical Corps, dated 28 December 1943.
CONSIDERATION OF EVIDENCE: 

1.  No military records on the FSM were made available to the Board.  This case if being considered using reconstructed records that primarily consist of documents obtained from the historical records maintained at the National Archives, and the documents provided by the applicant.  

2.  RI OTAG Special Orders Number 207, dated 22 October 1935, appointed the FSM a second lieutenant (2LT) in the Corps of Engineers, in the RI Army National Guard (RIARNG), subject to Federal recognition.  

3.  The file contains a WD AGO Form 0652B, dated 28 April 1937, which appointed the FSM in the AUS as a 2LT of the Corps of Engineers, effective 
21 October 1935.  

4.  On 22 May 1940, a letter from The Adjutant General (TAG), RIARNG, directed the FSM appear before an examining board for appointment as a first lieutenant (1LT).  

5.  On 23 August 1940, a Joint Resolution to activate the ARNG was approved by Congress, and the first ARNG units were called to active duty on 
16 September 1940 under the National Defense Act.  

6.  RI OTAG Special Orders Number 169, dated 27 August 1940, assigned the FSM to a RIARNG unit in accordance with the National Defense Act of the 
64th Session 1, Chapter 134-1916, Section 74 (Qualifications for National Guard Officers) and Section 75 (Examination Requirements), and granted him permanent Federal recognition.  

7.  On 12 September 1940, the FSM requested resignation and asked to be separated on 14 September 1940.  He states his resignation was required in order for him to accept a civilian appointment as an Associate Chemical Engineer in the Production Division of the Chemical Warfare Service, Edgewood Arsenal, Maryland.  He stated that the Edgewood Arsenal commander instructed him to resign his commission immediately so that nothing would interfere with his duties at the Arsenal, and he was submitting his resignation to comply with those instructions.  



8.  On 23 September 1940, the FSM completed an Oath of Office accepting a temporary civilian appointment as an Associate Chemical Engineer/P-3.  A 
WD Memorandum, dated 30 June 1941, confirmed the FSM’s temporary appointment and he was appointed an Associate Engineer, Chemical (P-3), at a pay rate of $3,000.00 per month, effective 22 April 1941.  An Organization Chart of the Production Division of his unit shows he was slotted in an Associate Chemical Engineer P-4 position.  

9.  An Edgewood Arsenal Memorandum, dated 1 December 1942, requested that the FSM, a civilian employee, be commissioned a major in the AUS based on his education, experience and his duties.  There is no indication this request was acted on, or that the commission was granted by proper authority. 

10.  On 28 December 1943, a WD Memorandum directed the FSM’s discharge from his civilian Chemical Engineer position and the Chemical Warfare Service at Large, effective 19 March 1944.  

11.  In connection with the processing of this case, a member of the Board staff researched the historical records maintained at the National Archives.  The search failed to produce any evidence showing the FSM served in an active duty status while assigned to the RIARNG.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request that a formal discharge from the Army be issued to the FSM and the supporting documents she submitted were carefully considered. However, there is insufficient records and/or evidence to support granting the requested relief.  

2.  The evidence fails to show the FSM ever served on active duty in the AUS while a member of the RIARNG.  Further, the evidence verifies that the FSM served as a civilian employee in the Chemical Warfare Service during World War II.  There is no indication that he was granted a commission, or performed active duty service in the AUS while he served in this position.  

3.  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 evidence submitted by the applicant fails to satisfy this requirement.  Absent specific records confirming the period of the FSM’s military service, regrettably, there is an insufficient evidentiary basis to support granting the requested relief. 
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___JEA__  __TEO__  __CAK __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




		____James E. Anderholm____
		        CHAIRPERSON





INDEX

CASE ID
AR20050001862
SUFFIX

RECON

DATE BOARDED
2005/11/01
TYPE OF DISCHARGE
N/A
DATE OF DISCHARGE
N/A
DISCHARGE AUTHORITY
N/A
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Chun
ISSUES         1.  
125.0200
2.

3.

4.

5.

6.