IN THE CASE OF:	  

		BOARD DATE:	  21 July 2011

		DOCKET NUMBER:  AR20110000836 


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 a belated commission in the Army Chaplain Corps. 

2.  He states he served in the U.S. Army during the Korean War from 1954 to 1956 and had the distinct honor as serving as an acting Jewish chaplain during his tour of duty in Alaska, even though he was only a private/E-2.

3.  He contends he conducted funerals and other rituals for the Jewish religion; however, he never received any recognition for his efforts.  During a visit with a Department of Veterans Affairs (VA) advisor, he mentioned that he performed Jewish services during the Korean War and the VA advisor suggested to him to apply for some sort of battlefield or belated commission.  

4.  He provides:

* his DD Form 214 (Report of Separation from the Armed Forces of the United States)
* three letters
* an honorable discharge certificate

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 his 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.  His record shows he was inducted into the Army of the United States on 
29 July 1954.  Upon completion of training, he was awarded military occupational specialty (MOS) 711.10 (Clerk Typist).

4.  Item 28 (Most Significant Duty Assignment) of his DD Form 214 shows he was assigned to the Quartermaster Depot Company, as a clerk typist.  

5.  Item 46 (Non-service Education) shows he had a Bachelor of Science degree in Business Administration. 

6.  On 26 May 1956, he was released from active duty (REFRAD) and transferred to the U.S. Army Reserve (USAR) for completion of his Reserve service obligation. 

7.  There is no indication in the available record to show he received a military commission or was appointed as an Army Chaplain by a board of officers. 

8.  The applicant provided three letters:

	a.  Letter one, dated 17 September 1954, shows he was recommended for assignment as a chaplain’s assistant for the Jewish religion and was fully qualified due to his strong Jewish educational background.  It also showed that he had been very helpful at the Fort Knox, KY chapel.

	b.  Letter two, dated 26 September 1955, was addressed to the Jewish Religious Service and shows that in the absence of a Jewish chaplain, the applicant led the Jewish congregation during his tour of duty at Fort Richardson, AK.  The letter also requested that the applicant be authorized to conduct religious services in the absence of a Jewish chaplain at the U.S. Air Force base. 

	c.  Letter three is a handwritten note, dated 1956 which shows the Anchorage Congregation’s appreciation. 

9.  The editions of Army Regulation 605-10 (Officers Appointed in the Army of the United States), 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: 

     a.  upon appointment the appointee passed his 30th birthday.  Exceptions could be made where the individual possessed a scarce category of specialized skill in which not enough trained men were available to fill the needs of the armed forces at the time required provided the individual met all other requirements prescribed by regulations; 

     b.  recommendation was accompanied by satisfactory evidence that the individual possessed special ability of a technical or professional nature 
qualifying him for duty as a commissioned officer in the particular assignment for which he was recommended; 

     c.  the appointee's Army General Classification Test score was 110 or higher; 

     d.  the recommended individual was in the active military service of the United States and had completed more than 4 months’ active military service immediately preceding recommendation for appointment; and 

     e.  he was recommended by a board of officers who were appointed by the regimental or corresponding higher commander for the purpose of conducting an appropriate examination.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was never recognized by the Army for performing the duties of a Jewish chaplain and as a result, he should be awarded a battlefield commission of some sort for his efforts.  

2.  To the contrary, a commission is not a reward for volunteer work or good performance of duty carried out in the past.  When a commission is tendered, the Army expects the Soldier tendered that commission to commit himself to a certain performance of duty in the future.  

3.  While he may have acted in the capacity of a Jewish chaplain and performed religious services while serving in the Army, there is no evidence and he has not provided sufficient evidence to show that he met the criteria for appointment or that a board of officers actually recommended him for appointment as a commissioned officer during this period.  

4.  Therefore, there is insufficient evidence on which to grant the relief requested. 

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)                                         AR20110000836





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ABCMR Record of Proceedings (cont)                                         AR20110000836



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