IN THE CASE OF:	  

		BOARD DATE:	  29 April 2010

		DOCKET NUMBER:  AR20090018662 


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 that he be awarded a commission as an honorary second lieutenant.

2.  The applicant states that after completing his basic training at Fort Polk, Louisiana, he was transferred to Percy Jones Army Hospital in Battle Creek, Michigan, and was assigned the duties of a vehicle driver at the W. K. Kellogg Annex outside of Fort Custer, Michigan.  He goes on to state that he was subsequently interviewed by the commander and was told that if he could straighten out the motor pool, he would be given three promotions up to the rank of sergeant.  He continues by stating that the motor pool was due for an inspection and he passed it.  He also states that his time was running out and his commander told him that he was impressed with his work and asked him if he would like to attend Officer Candidate School (OCS); however, he would have to reenlist for 2 years.  Unfortunately, he had an illness in the family and needed to be home.  He further states that his commander told him to go home and think about it and he did, but he never returned.  He also states that his commander told him that the statement on the bottom of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) which states that he was "recommended for further military training" was his recommendation for OCS.  Accordingly, he believes he could have passed the exam and would have been commissioned as a second lieutenant, which constitutes the injustice in his case.

3.  The applicant provides 12 handwritten pages explaining 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 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 to conduct a fair and impartial review of this case.

3.  The applicant enlisted in the Regular Army in New Haven, Connecticut, on 18 March 1946 for a period of 18 months.  He completed his training and was transferred to Percy Jones General Hospital, Fort Custer, Michigan, for duty as a motor vehicle dispatcher.  He was advanced to the rank of corporal.

4.  On 17 September 1947, he was honorably discharged due to the expiration of his term of service.  He had served 1 year and 6 months of total active service and his WD AGO Form 53-55 reflects in block 55 (Remarks) that he was recommended for further military training.

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant's claim that he was offered the opportunity to apply for OCS is not in doubt, by the applicant's own admission, he declined the opportunity to do so because he would have had to reenlist for a 2-year period.

2.  Additionally, he could have enlisted at a later date had he decided to do so because the remark in block 55 of his WD AGO Form 53-55 was a term used to identify persons who were deemed eligible for reenlistment.  However, there is no evidence that the applicant ever did so.

3.  Although there is no actual evidence in the available records to show that he was recommended for OCS, such training has always been a volitional act on the part of the individual concerned and it has always required Department of the Army approval for attendance at OCS.  There is no evidence that any such approval was granted and there is no evidence or indication that the applicant would have successfully completed the course or would have been commissioned.

4.  In any event, there appears to be no basis to commission him to the rank of second lieutenant some 60+ years after the fact, especially since his attendance at OCS had to start with his application.  Therefore, there appears to be no error or injustice in this case.

5.  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 applicant's record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x____  ____x____  ____x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.



2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20090018662



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ABCMR Record of Proceedings (cont)                                         AR20090018662



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