IN THE CASE OF:	  

		BOARD DATE:	       9 JULY 2009

		DOCKET NUMBER:  AR20090004746 


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 his grade as that of a captain (CPT) instead of first lieutenant (1LT).

2.  The applicant states that when he was discharged in 1945, it was normal procedure to promote officers to the next higher grade which in his case would have been CPT.  He also states that his main objective is to be remembered as a CPT.

3.  The applicant provides a copy of his WD AGO Form 53-98 (Military Record and Report of Separation), WD AGO Form 55 (Honorable Discharge Certificate), and WD AGO Form 100 (Separation Qualification Record), dated 8 August 1946, in support of his application.

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, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's reconstructed records show he enlisted for service in the Enlisted Reserve Corps on 17 August 1942.  He subsequently attended college at the University of California.

4.  The applicant’s reconstructed records show he attended Officer Candidate School at Fort Monmouth, NJ, from 6 November 1944 to 1 March 1945 and was honorably discharged from military service of the United States on 1 March 1945 for the purpose of accepting an appointment as a commissioned officer.

5.  The applicant’s reconstructed records show he was appointed as a second lieutenant (2LT) in the Army of the United States on 2 March 1945.  He also completed the Signal Corps Long Lines Inside Course from March 1945 to June 1945, at Fort Monmouth, NJ.

6.  The applicant’s WD AGO Form 53-98 shows he departed the United States on 26 August 1945 and arrived in the Asiatic Pacific Theater (APT) on 12 September 1945.   He was assigned to the 4025th Signal Service Group and was promoted to 1LT on 31 January 1946.  He departed the APT on 29 June 1946 and arrived back in the United States on 15 July 1946.

7.  The applicant's WD AGO Form 53-98 shows he completed 6 months and 17 days of continental service and 10 months and 20 days of foreign service.

8.  The applicant's reconstructed records show he was appointed as a 1LT in the U.S. Army Reserve on 19 July 1946.  He was then placed on terminal leave from active duty on 20 July 1946 and remained on leave until he was honorably released from active duty on 8 August 1946.

9.  Item 3 (Grade) of the applicant’s WD AGO Form 53-98 shows his grade at the time of separation as 1LT.

10.  On 31 October 1945 the War Department announced a new promotion policy for officers being released from active duty as the result of the demobilization after WWII.  This guidance was subsequently modified and published as War Department Circular 311, dated 18 October 1946.  These documents, in pertinent part, provided for the separation from active duty promotions of certain officers to the next higher rank (from 1LT through colonel).  Officers were required to have held their prior rank a specified period of time.  In the case of promotions from 1LT to CPT, the period was 18 months.  However, the circular also provided that officers would be given 50-percent credit for all time spent in the lower rank overseas.  The officer's narrative efficiency ratings would be converted to a numerical rating as follows:

NARRATIVE RATING	POINTS

Superior	50
Excellent	40
Very Satisfactory	30
Satisfactory	20
Unsatisfactory	10

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show his rank as a CPT.

2.  The evidence of record shows that the applicant was appointed as a Signal 2LT in the Army of the United States on 2 March 1945 and was promoted and/or appointed to 1LT on 31 January 1946.  There is no indication or evidence that he was promoted and/or appointed to CPT prior to his release from active duty on 8 August 1946.

3.  The applicant was promoted to 1LT on 31 January 1946 and was released from active duty on 8 August 1946.  He did not complete the required 18 months of active duty in the grade of 1LT.  Additionally, his record is void of his efficiency index.  It does not appear that he was qualified for the higher grade of CPT at the time.

4.  In the absence of substantiating evidence to the contrary, it is presumed that the applicant’s rank as shown on his WD AGO Form 53-98 is correct.  Therefore, there is insufficient basis for awarding the applicant a higher grade than that shown on his records.


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)                                         AR20090004746



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ABCMR Record of Proceedings (cont)                                         AR20090004746



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