IN THE CASE OF:
BOARD DATE: 5 April 2012
DOCKET NUMBER: AR20110020372
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 promotion to major.
2. The applicant states the 31st Chemical Decontamination Company was selected to become an integral part of the 6th Engineer Special Brigade and as a part of the brigade, the first platoon landed on Omaha Beach on D Day. He and the rest of the company landed on D+1. On 20 August 1944, the company was relieved from assignment to the brigade and assigned to Headquarters, Special Troops as a headquarters company for "T" (target) Force, a special intelligence gathering section of the 12th Army Group. Its mission was to apprehend collaborators and pick up enemy documents. The company entered selected cities or areas as soon as possible following the combat troops to complete this mission. The company remained with "T" Force until the end of the war. He considers both those assignments to be a great honor and he believes his leadership of the company had a definite bearing on those two assignments. While with "T" Force he received two certificates of merit from General Bradley. He is 92 years of age and has always been proud of his military service. To receive this promotion would be very special to him.
3. The applicant provides copies of two certificates of merit, his Officer Qualification Card, and his WD AGO Form 53-98 (Military Record and Report of Separation Certificate of Service).
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, the documents provided by the applicant are sufficient for the Board to conduct a fair and impartial review of his case.
3. The applicant's WD AGO Form 53-98 shows:
a. he entered active duty service on 10 June 1942,
b. he served in the European theater of operations from 9 January 1944 to 22 June 1945,
c. his specialty was chemical decontaminating unit commander,
d. he attained the rank of captain, and
e. he was released from active duty on 28 December 1945.
4. His Officer Qualification Card shows he was promoted to captain effective 21 June 1943.
5. During World War II, War Department Circular 161, dated 21 May 1942, governed the temporary promotion of officers on active duty. It provided that recommendations for promotion to captain and above would be forwarded through designated channels to The Adjutant General's Office for review and approval by the Army Personnel Board. The policy required subordinate field commanders to submit recommendations for promotions to the next higher commander for consideration and further transmission, if approved. This procedure enabled major commanders to control overall promotions within their commands so that allowance could be made for replacements received and the authorized strengths in the various grades would not be exceeded. No promotion was effective until approved by all commanders in the chain of command and favorably acted upon by the major commander who had the authority to promote.
6. Technical Manual 12-235 (Enlisted Personnel Discharge and Release from Active Duty (Other than at Separation Centers)) prescribed the policies and procedures for the preparation and distribution of separation documents during the period in question and contained item-by-item entry instructions. The instructions stated the grade held on the date of separation would be entered in item 3 (Army of the United States Grade).
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant was promoted to captain on 21 June 1943 and was released from active duty in that rank.
2. Unfortunately, there are no records available to warrant approving the applicant's request for promotion.
3. In view of the above, the applicant's request should be denied.
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 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 this action in no way diminishes the sacrifices made by him in service to our Nation. 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) AR20100014937
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110020372
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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