IN THE CASE OF:	  

		BOARD DATE:	        14 APRIL 2009

		DOCKET NUMBER:  AR20080012736 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his records to show he served from 28 December 1939 to 23 January 1946.

2.  The applicant states, in effect, his records suggest he served from 16 January 1943 to 23 January 1946.  This, he claims, is incorrect.  

3.  The applicant provides:

	a.  a Birth Certificate showing his date of birth as 30 October 1917;

	b.  a copy of his Honorable Discharge from The Army of the United States;

	c.  a copy of his WD AGO Form 100 (Army of the United States Separation Qualification Record);

	d.  a copy of a VA Form 28-1900 (Disabled Veterans Application for Vocational Rehabilitation);

	e.  a handwritten chronology;

	f.  a copy of congressional correspondence to the Army Review Boards Agency, St. Louis, MO (ARBA-St. Louis), dated 18 June 2008; and

	g.  a copy of a 25 August 2008 letter from ARBA-St. Louis to a member of Congress.
CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, based on the limited documents remaining in a reconstructed record, the Board will conduct a fair and impartial review of this case.

3.  The available evidence show the applicant was appointed as a Second Lieutenant of Infantry in the Army of the United States on 16 January 1943 after completing the Armored Force Officer Candidate School (OCS) at Fort Knox, KY. 

4.  One day before the applicant’s appointment to the officer ranks, he received a WD AGO Form 55 honorably discharging him from enlisted status.  This document stated in pertinent part, “When inducted he was 23 3/12 years of age….”  The discharge is dated 15 January 1943.

5.  The applicant’s WD AGO Form 100 shows he served from 16 January 1943 through 23 January 1946.  It shows:

	a.  he was promoted to First Lieutenant after serving 11 months as a Second Lieutenant;

	b.  he held a variety of assignments, including tank unit commander, track vehicle maintenance officer, motor transport officer, headquarters company commander, armored reconnaissance unit commander, and anti-aircraft automatic weapons unit commander;



	c.  he was awarded the Purple Heart for wounds received at Julich, Germany on 7 March 1945; and

	d.  he was also awarded the European-African-Middle Eastern Campaign Medal with 4 Bronze Service Stars, the American Defense Service Medal, the American Campaign Medal, the World War II Victory Medal, and the Belgian Fourragere.

6.  OCS historical documents found on the Worldwide Web provide that OCS courses were designed to train warrant officers and enlisted men to become Second Lieutenants [emphasis added] thereby filling a critical need for company grade officers.  OCS was first proposed in June 1938 as the Army began expanding in anticipation of hostilities.  A plan for an officer training program was submitted to the Chief of Infantry by Brigadier General Asa L. Singleton, Commandant of the Infantry School at Fort Benning, GA.  However, no action was taken until July 1940 when Brigadier General Courtney Hodges, Assistant Commandant of the Infantry School, presented a revised plan to (then) Brigadier General Omar Bradley, Commandant of the Infantry School.  In July 1941, the first OCS’s stood up as the Infantry, Field Artillery, and Coastal Artillery Officer Candidate Schools, each respectively located at Fort Benning, Fort Sill (OK), and Fort Monroe (VA).  In addition to these programs, OCS’s were stood up for other branches, for instance the Signal Corps at Fort Monmouth (NJ).  Due to the rapid creation of these programs because of wartime necessity, and then the rapid closures soon after the end of the war, historical records were not always created or adequately maintained and little is known about many of these branch-specific OCS courses.  The Infantry OCS, however, is well documented.  On 27 September 1941, the first Infantry OCS class graduated 171 Second Lieutenants after just 17 weeks of training.

DISCUSSION AND CONCLUSIONS:

1.  The applicant wants his records to reflect service from 28 December 1939 through 23 January 1946, vice 16 January 1943 through 23 January 1946.

2.  The applicant was inducted (drafted) into the Army of the United States on an unknown date and served as an enlisted man.  On or about 18 September 1942, he entered OCS – this date is calculated based on subtracting 17 weeks from his enlisted discharge date of 15 January 1943.  Following his discharge, he was appointed as a Second Lieutenant, Infantry, Army of the United States.



3.  The applicant’s WD AGO Form 55 states he was inducted at 23 3/12th years of age.  Given his date of birth as 30 October 1917, this means he would have been inducted on or about 30 January 1941.  Unfortunately, this information is not verifiable given the limited records available.

4.  The applicant is a true American hero.  Many months before the devastating 7 December 1941 sneak attack on America’s forces in the Hawaiian Islands, the applicant stepped forward when his country called.  He served honorably and well as an enlisted Soldier and, when his country needed officers, he again stepped forward and volunteered to attend OCS.  Commissioned as an infantry officer from the Armored Force OCS, he served in combat in the European Theater of Operations in a variety of command assignments.  He participated in four campaigns and, on 7 March 1945, he was wounded in action in Germany and was awarded the Purple Heart.

5.  There are simply not enough records available to permit granting the applicant’s request; the best estimate shows that he began service on or about 30 January 1941, not 28 December 1939.  Since the actual date cannot be verified, his request must be denied.  However, the applicant and all others concerned should know that this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ___X_____  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.




      _______ _XXX   _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080012736



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ABCMR Record of Proceedings (cont)                                         AR20080012736



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