IN THE CASE OF:
BOARD DATE: 13 July 2010
DOCKET NUMBER: AR20090017941
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, a Member of Congress, on behalf of the deceased former service member (FSM), requests reconsideration of the FSM's previous request to have his records corrected to show he earned a battlefield commission as a second lieutenant (2LT) during World War II.
2. The applicant states, in effect, that in light of new information and testimony provided to his office, the FSM's application for a battlefield commission should be reconsidered.
3. The applicant provides a notarized statement from J----- G---------.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records, which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2000042208, dated 25 January 2001.
2. The applicant provides a statement from J----- G---------, which is new evidence that was not previously considered by the Board. This statement warrants consideration by the Board at this time.
3. The FSM's DD Form 214 (Enlisted Record and Report of Separation - Honorable Discharge) shows that as a member of the National Guard he enlisted
on 11 December 1940 and entered active service on 23 December 1940. He was subsequently honorably discharged on 7 October 1945 for the convenience of the Government (Demobilization).
4. The Member of Congress submitted a statement from CPT G--------- who states that he sent a letter to the FSM's parents under the belief that the FSM was already a commissioned 2LT. He continues to state that it was only after the War that he discovered his recommendation went unfulfilled; therefore, he is again recommending the FSM for a battlefield commission.
5. A Joint Resolution, Public Law, 77-252, dated 22 September 1941, provided that, during the present emergency, temporary appointments as officers of the Army of the United States could be made without appointing such persons as officers in any particular component of the Army of the United States. It further provided that such appointments could be vacated at any time by the President and, if not sooner vacated, would continue "during the present emergency and
6 months thereafter.
6. The editions of Army Regulation 605-10 and changes thereto in effect between 1941 and 1949 implemented Public Law 77-252. Army Regulation 605-10 dated 26 May 1944 provided that enlisted men and warrant officers of the Army who were not graduates of officer candidate schools, or of a school or resident course of instruction recognized by the War Department as qualifying them for a commission and who were not former officers would not be appointed unless, in part, he was recommended by a board of officers appointed by the regimental or corresponding higher commander for the purpose of conducting an appropriate examination. When a commander of United States forces outside the continental United States was granted special authority by the War Department to appoint or to recommend the appointment of officers, the qualifications for appointment would be as indicated in the special War Department instructions authorizing the appointments.
DISCUSSION AND CONCLUSIONS:
The statement provided by the applicant is not sufficient evidence alone upon which to base a correction of the FSM's records. The statement provided by CPT G--------- states that he is re-recommending the FSM for a battlefield commission; however, there is no corroborating evidence nor did the applicant provide any corroborating evidence to show that the applicant was officially tendered or accepted a temporary appointment or battlefield commissioned as a 2LT during WWII. In the absence of such evidence there is no basis for granting the applicant's request.
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 to amend the decision of the ABCMR set forth in Docket Number AR2000042208, dated 25 January 2001.
__________X____________
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) AR20090017941
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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