IN THE CASE OF:	  

		BOARD DATE:	    25 January 2011

		DOCKET NUMBER:  AR20100021068 


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, the widow of a deceased former service member (FSM), requests correction of the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his rank as a colonel (COL) instead of second lieutenant (2LT).

2.  The applicant states that during the time her late husband was in the Army, integration had not been established in the United States.  She adds that the FSM previously tried to correct his records to no avail.  The proof of his rank is placed on his tombstone at the Connecticut State Veterans Cemetery in Middletown, CT.  She is the FSM's surviving spouse and she has an annual income of less than $7,933.00.  She also states the FSM was a teacher and a pastor.  He performed missionary work and taught in almost in every school in Hartford, CT.

3.  The applicant provides:

* the FSM's DD Form 214
* the FSM's obituary
* a letter from the Social Security Administration
* the FSM's Certificate of Death
* the FSM's death notice
* a church application
* their Certificate of Marriage
* a letter from the Department of Veterans Affairs (VA)

CONSIDERATION OF EVIDENCE:

1.  Having successfully completed the required camp training at the ROTC (Reserve Officers' Training Corps) Infantry Summer Camp, Fort Benning, GA, from 21 June 1952 to 1 August 1952, the FSM was recommended on 17 February 1953 for appointment in the Officers' Reserve Corps as a Reserve Infantry 2LT.

2.  The FSM's records show he was appointed as a Reserve commissioned officer of the Army in the rank of 2LT and he executed an oath of office on
11 June 1953.  He was assigned to the 445th Engineer Battalion, Camp Pickett, VA.

3.  On 28 May 1954, Headquarters, Second Army, Fort Meade, MD, ordered the FSM to active duty in the rank of 2LT to report on 29 November 1954 to the Reception Station, 2048th Service Unit, Fort Knox, KY.

4.  The FSM was appointed in the Army of the United States in the rank of 2LT and he entered active duty on 29 November 1954.  He was assigned as a platoon officer to the 65th Field Artillery Battalion, Fort Knox.

5.  On 2 June 1955, having become eligible for discharge, Headquarters, Transfer Point, Fort Benning, published Special Orders Number 107 discharging the FSM from active duty on 3 June 1955.  The orders listed his rank as a 2LT.

6.  He was honorably discharged from active duty in the rank of 2LT on 3 June 1955.  The DD Form 214 he was issued shows he completed 6 months and 5 days of creditable active service and 1 year, 11 months, and 23 days of total service.  Item 3 (Grade, Rate, Rank, and Date of Appointment) of his DD Form 214 shows the entry, "2LT 29 Nov 54" and item 18 (Grade - Rate or Rank at Time of Entry into Active Service) also shows the entry "2LT." 

7.  There is no indication in the FSM's records that he was promoted or appointed to a higher rank.  Additionally, Item 12 (Appointments) of his DA Form 66 (Officer Qualification Record) shows his rank as a 2LT and his date of rank as 29 November 1954.

8.  The applicant submitted the following documents:

	a.  Her marriage certificate.

	b.  The FSM's certificate of death (25 November 2007), obituary, and a brief summary or biography of his life.
	c.  A letter from the Social Security Administration about her benefits.

	d.  A church application.

	e.  A letter from the VA regarding her application for pension.

9.  War Department Technical Manual 12-236 (Preparation of Separation Forms) and Army Regulation 635-5 (Separation Documents) prescribed the policies and procedures for the preparation of separation forms.  These regulations state, in pertinent part, that the purpose of the separation document is to provide the veteran with a separation certificate and a military or enlisted record and report of separation.  The DD Form 214 is prepared for all personnel separated from the service due to discharge, release from active duty or transfer to a Reserve Component, or retired.  Item 3 of the DD Form 214 shows the grade held at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her late husband's DD Form 214 should be corrected to show his rank as that of a COL.  She claims the proof of his rank is placed on his tombstone.

2.  The FSM records show he was appointed as a 2LT, entered active duty in November 1954 as a 2LT, and he was honorably discharged from active duty in June 1955 as a 2LT.  There is no evidence in his records and the applicant failed to provide any evidence that shows her late husband held a higher rank.  His records do not contain orders that show he was promoted or appointed to a higher rank.

3.  In addition, since the FSM had been on active duty for only a little over           6 months and had completed less than 2 years of total service it does not appear he would have been eligible for any promotions.

4.  Since he held the rank of 2LT at the time he was discharged from the Army his DD Form 214 correctly shows his correct rank. 

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



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.



      __________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)                                         AR20100021068



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ABCMR Record of Proceedings (cont)                                         AR20100021068



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