IN THE CASE OF:	  

		BOARD DATE:  12 July 2012

		DOCKET NUMBER:  AR20120001211 


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 son of a deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-98 (Military Record and Report of Separation Certificate of Service) to show his rank as captain (CPT).

2.  The applicant states his father always said he'd been a CPT in the infantry and since he fought in the Asian Pacific Theater of Operation during World War II (WWII) he was advanced one rank from first lieutenant (1LT) to CPT after his tour of duty ended.  He would like his father's rank corrected so that he can receive the standard government marker that bears the rank of CPT.

3.  The applicant provides:

* Certificate of Death
* Certificate of Service
* WD AGO Form 53-98 

CONSIDERATION OF EVIDENCE:

1.  The FSM’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 FSM’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.

2.  The FSM was appointed as a commissioned reserve officer in the Army of the United States and entered active duty in the rank of second lieutenant (2LT) on 14 April 1942.  He held military occupational specialty 2110 (Adjutant).

3.  The FSM's record contains Special Orders (SOs) Number 86, issued by Headquarters, 8th Corps Area, Fort Sam Houston, TX, on 31 March 1942, ordering him to active duty.  These orders show his rank as 2LT.

4.  The FSM's record contains Special Orders (SOs) Number 176, issued by Army Service Forces, Fourth Service Command, Headquarters, Camp Shelby, MS, on 23 July 1945, relieving him from his duty assignment.  These orders show his rank as 1LT.

5.  The FSM's record contains an officer pay, allowance and mileage voucher, dated 31 August 1945.  This form shows his rank as 1LT.

6.  The FSM's record does not contain any officer efficiency ratings.

7.  The FSM was honorably released from active duty on 23 October 1945.  His WG AGO Form 53-98 lists his rank as 1LT.

8.  The applicant provided a Certificate of Service which shows the FSM served honorably from 14 April 1942 to 23 October 1945 and lists his rank as 1LT.

9.  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 CPT and above would be forwarded through designated channels to The Adjutant General's Office (TAGO) 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.

10.  On 31 October 1945, the War Department announced a new promotion policy for officers being released from active duty as the result of the demobilization after WWII.  This guidance was modified on 13 December 1945, and was published as War Department Circular 10, dated 11 January 1946.  These documents provided for the terminal leave promotions of certain officers to the next higher rank provided they had held their prior rank for a specified period of time, in the case of promotions from first lieutenant to captain the period was 18 months, and attained a minimum efficiency index of 40 or better.  The efficiency index was computed utilizing an officer’s available efficiency ratings for all active service subsequent to 16 September 1940.  Promotions were temporary, effective on the date of departure, either on terminal leave, or on authorized detached service for travel time to home, and expired automatically.  For officers already released from active duty, their cases would be referred to the War Department for resolution.  Promotions would be effective the date the officer departed active duty.  Promotions under the foregoing provisions were generally referred to as “terminal leave promotions.”

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available record to show the FSM was promoted above the grade of 1LT.  

2.  In accordance with War Department Circular 161, dated 21 May 1942: 

	a.  If his immediate commander had recommended him for promotion to CPT, the recommendation would have gone through command channels to the commanding general where it would have been reviewed.  

	b.  If the Commanding General agreed with the promotion recommendation, it would have been forwarded to TAGO in Washington for action by the Army Personnel Board.  However, if the Commanding General disagreed with the promotion recommendation, either because he was overstrength in CPTs or needed to realign his grade distribution in subordinate commands, he could summarily disapprove it and it would have gone no further.  

	c.  Even if the Commanding General had recommended approval and sent the recommendation to Washington, the Army Personnel Board could have denied the promotion.

3.  In accordance with War Department Circular 10, dated 11 January 1946, the FSM may have been eligible for a “terminal leave promotion”; unfortunately, the absence of any efficiency reports makes it impossible to determine if he met the requirements for such a promotion.  In the absence of those reports it cannot be concluded that the FSM should have received a one-grade promotion at the time of his release from active duty.  

4.  Unfortunately, there are no records available to warrant approving the applicant's request for promoting the FSM.  However, the Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the FSM in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  

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)                                         AR20120001211





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ABCMR Record of Proceedings (cont)                                         AR20120001211



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