RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      24 August 2006
      DOCKET NUMBER:  AR20060000623


      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             |
|     |Ms. Deyon D. Battle               |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Jeanette McCants              |     |Chairperson          |
|     |Mr. Scott W. Faught               |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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, the widow of the deceased former service member (FSM),
requests that her husband's records be corrected to show that he was
promoted to the rank of lieutenant colonel (O-5).

2.  The applicant states that she remembers the FSM getting notice of
promotion to lieutenant colonel, and that his granddaughter has been
researching his service to document for future generations.

3.  The applicant provides in support of her application a copy of her
marriage certificate; a copy of the FSM's Certificate of Death; a copy of a
letter that she received from the National Personnel Records Center dated
14 March 2005; a copy of a letter addressed to the FSM, from the Chief,
Entitlements Division Personnel Services Directorate, dated 1 September
1972; a copy of the FSM's Application for Retired Pay Benefits, dated 1
August 1971; a copy of the FSM's Statement of Service; a copy of the FSM's
Chronological Record of Service for Retired Pay; and a copy of the orders
awarding the FSM the Silver Star.

CONSIDERATION OF EVIDENCE:

1.  Upon completion of his Reserve Officer Training Corps (ROTC) course for
the Senior Infantry Division, the FSM was appointed as a second lieutenant
(O-1) in the Officers' Reserve Corps (ORC) on 3 June 1933.  He was promoted
to the rank of first lieutenant (O-2) on 2 December 1937.

2.  The available records indicate that Special Orders Number 32 were
published on 6 February 1942, ordering the FSM to active duty effective 14
February 1942, in the grade of O-2.

3.  The FSM was still on active duty on 3 May 1943, when he was temporarily
promoted to the rank of captain (O-3).  He accepted an appointment in the
ORC, in the grade of O-3, on 25 July 1946, and he was released from active
duty in the grade of O-3 on 30 October 1946.

4.  On 27 September 1949, while he was a member of the ORC, the FSM was
approved for the Infantry School at Fort Benning, Georgia.  He also
completed a short tour of active duty from 7 May until 19 May 1950 to
attend the Third Army Area Armored Cavalry Officers School Course at Fort
Benning, Georgia.  He was released from active duty on 12 May 1950.

5.  On 5 July 1951, the FSM was notified by Headquarters, South Carolina
Military District that he had been found physically disqualified for
general military service; and that in view of his disqualification, he was
eligible for transfer to the Honorary Reserve.  He was directed to furnish
the Headquarters a signed statement no later than 21 August 1951, whether
he desired to be transferred to the Honorary Reserve or to be discharged
from his Reserve commission.

6.  In a memorandum dated 14 July 1951, the FSM requested a waiver of his
physical defects and his request was denied by the appropriate authority on
1 August 1951.  Accordingly, on 16 August 1951, the FSM submitted a request
for a transfer to the Honorary Reserve.  Consequently, he was transferred
to the Honorary Reserve in the grade of O-3 on 27 August 1951.

7.  Further review of the available records indicate that on 25 November
1952, the FSM was notified that he was being appointed in the grade of O-3,
in the Retired United States Army Reserve (USAR) upon his acceptance of the
appointment.  He accepted the appointment on 18 February 1953.
Accordingly, he was retired from the USAR in the grade of O-3.

8.  In an application for Retired Pay Benefits, the FSM indicated that he
served in the USAR from 1 July 1952 until 30 June 1953, and from 1 July
1953 until 30 June 1972 in the grade of O-5.  In response to the FSM
application, the Chief, Entitlements Division, Personnel Services
Directorate, referred to the FSM as colonel and informed him that he was
not qualified for retired pay as he had only completed 18 years, and 28
days of qualifying service.

9.  A review of the available records fails to show that the FSM was ever
appointed or promoted beyond the grade of O-3.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's desire to determine whether her husband was ever
promoted beyond the grade of O-3 has been noted; however, it appears that
he was not.

2.  Except for his Application for Retired Pay, which was completed by the
applicant, and the letter responding to that application, there are no
other documents contained in his available official military personnel file
that shows that he was ever promoted to a grade higher than O-3.




3.  The evidence of record shows that the FSM accepted an appointment in
the ORC, in the grade of O-3, on 25 July 1946.  At the time he was retired
from the USAR, he was serving in the grade of O-3.  The available records
fail to show that he was ever promoted to the grade of O-5, and in the
absence of evidence to the contrary, it must be presumed that his official
records reflecting his grade as O-3 are correct.

4.  In order to justify correction of a military record the applicant must
show 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.

5.  In view of the foregoing, there is no basis for granting the
applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_JM_____  ___RCH_  __SWF__  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.





                                  ____Jeanette McCants______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000623                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060824                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  14   |102.0000/OFFICER APPOINTMENTS           |
|2.  16                  |102.0200/GRADE                          |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]