IN THE CASE OF:	  

		BOARD DATE:	  15 September 2015

		DOCKET NUMBER:  AR20150004276 


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, in effect, the issuance of a document to show he was separated from the Army as a captain (CPT) in February 1952.

2.  The applicant states he served in the National Guard of the State of New York and left service after 7 years between World War II and the Korean War as a CPT.  Other than an Honorable Discharge Certificate received as a Technical Sergeant on 14 May 1943 and a letter from Europe to his family with the grade of CPT shown, he has lost all his records showing he was a CPT in the Army.  He recalls that:

* he joined the National Guard of NY in September 1940 and he was stationed at Fort Hancock, NJ with the 245th Coastal Artillery
* he received a warrant grade in the 245th in February 1945 
* he attended officer training school at Fort Washington, MD in February 1943
* he was commissioned as a second lieutenant in the U.S. Army's 15th Corps at Fort Beauregard, LA in June 1943 
* he joined the 3rd Army maneuver area headquarters at Camp Polk, LA in July 1943
* he was assigned as cadre to form the 9th Army at Fort Sam Houston, TX in February 1944 
* he was stationed in Europe with 9th Army as Assistant G-1 in June 1944 and he was promoted to CPT in September 1944; he left the service to return to America in December 1945 
* he was reactivated as a CPT in the Army as Assistant G-1 with the 301st Logistical Command at Camp Rucker, AL in August 1950 and left the service in February 1952
* he is designating his son as his representative and he is also able to travel if needed to see anyone who can recreate his records 

3.  The applicant provides:

* Honorable Discharge Certificate, dated 14 May 1942
* Enlistment Record, dated 12 September 1940
* Letter showing his rank as CPT
* Black and white pictures

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 were 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 his records were lost in that fire.  The primary records available are those provided by the applicant.

3.  The applicant's Enlisted Record shows he enlisted on 12 September 1940 in Brooklyn, NY.  It also shows he was inducted into military service on 
16 September 1940 per Presidential Order 8530.

4.  This form also shows he was qualified as a 2nd Class Gunner by authority of Special Orders Number 79, issued by Headquarters, 245th Coastal Artillery on 19 November 1941. 

5.  He provides an Honorable Discharge Certificate that shows he was honorably discharged from the Army of the United States in the rank of Technical Sergeant on 14 May 1942.  His Honorable Discharge Certificate further shows he: 
* was assigned to Headquarters Battery, 245th Coastal Artillery 
* he was honorably discharged for the convenience of the Government to accept temporary appointment as a warrant officer
* he was discharged at Fort Hancock, NJ

6.  He also provides a letter that, although hard to read, shows his name and his rank as CPT, sent from Headquarters, 9th Army, Europe, to Mrs. Burton in NY.  In the letter, he talks about Germany. 

7.  His records at the National Archives contain:

a. A DA Form 1 (Morning Report), dated February 1952, that lists his name 
and his rank as CPT.  His name is listed under "Assigned Losses" and the form shows he was en route to be released from active duty and reverted to the Officer Reserve Corps (ORC). 

	b.  Special Orders Number 29, issued by Headquarters, Camp Rucker, AL, on 4 February 1952 show he was being separated from the 3461st Separation Detachment and released from active duty, not by reason of physical disability, effective 12 February 1952 and then he would revert back to his inactive status.  His appointment would terminate on the date he reverted to inactive status.  His rank is listed as CPT.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant enlisted in the Army on 
12 September 1940 and he was honorably discharged in the rank of Technical Sergeant on 14 May 1942.  He was discharged to accept temporary appointment as a warrant officer.

2.  Beyond his May 1942 discharge date, there are very few documents that show how his career progressed.  While there are sufficient documents to show he may have served on active duty and attained the rank of CPT, there are no documents that could help confirm his date of appointment as a commissioned officer or the date he entered active duty.

3.  When a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) is not available, the Board may recommend the issuance of an appropriate document to capture a member's active service.  Here, however, because the date he entered active duty cannot be determined, even if the date of discharge is known, it is impossible to issue a document that captures his active service as a commissioned officer.  However, he should receive an appropriate document to show he was honorably discharged from active duty on 9 February 1952 in the rank of CPT. 

BOARD VOTE:

____x___  ___x____  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing him an appropriate document showing he was discharged from active duty in the rank of CPT on 12 February 1952. 




      ___________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)                                         AR20150004276





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ABCMR Record of Proceedings (cont)                                         AR20150004276



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