BOARD DATE: 29 January 2013
DOCKET NUMBER: AR20120012015
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 correction of her service records to show she was discharged as a Captain (CPT) vice First Lieutenant (1LT).
2. The applicant states she was a CPT at the time of her discharge.
3. The applicant provides:
* a letter of explanation, dated 14 June 2012
* a copy of her WD AGO Form 53-98 (Military Record and Report of Separation Record 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants complete 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 the applicants 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. The applicant entered on active duty in the Army of the United States (AUS) on 18 April 1941 with the rank of Second Lieutenant (2LT), Army Nurse Corps. Her WD AGO Form 53-98 shows she was honorably released from active duty on 12 March 1946 in the rank of 1LT.
4. Medical documents available show the applicant held the rank of 2LT as late as 15 July 1943. Her 30 November 1945 separation physical examination shows her rank as 1LT. Her WD AGO Form 53-98 shows her rank as 1LT at discharge on 12 March 1946. There is no evidence of record to show promotion to CPT.
5. War Department Circular 10 dated 11 January 1946 provided for the promotion of officers below the grade of colonel, and not members of the Regular Army, coincident with processing for separation from active duty. A 1LT being relieved from active duty was eligible for promotion to CPT provided he or she met the criteria of completion of 18 months on active duty in the grade of 1LT, with an efficiency index of 40 or above. Commanders, including commanders of separation centers, were authorized to promote officers under the provisions of this directive as an incident of relief from active duty. Promotions after officers had reverted to inactive status would be made by the Adjutant General only.
DISCUSSION AND CONCLUSIONS:
The applicant requests her rank be changed to CPT on her WD AGO Form 53-98. Unfortunately, there is no evidence in the remaining available records to support her request. Her date of promotion to 1LT is not available. Because her records are not available due to the 1972 fire, her efficiency index at the time of her separation cannot be determined. There is no other available evidence of record to show she was promoted to CPT.
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 our Nation. The applicant and all Americans should be justifiably proud of her 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) AR20120012015
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ABCMR Record of Proceedings (cont) AR20120012015
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