PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:                              
	DOCKET NUMBER:   AC

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Ed Clark .		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. Orville W. Troesch, Jr.		Member	
	Mr. James P. Steuve		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his military records be corrected to show that he was promoted to the grade of captain at the time of his release from active duty on 26 December 1945.  He states that his military record proves that "served my country well and this request will be no cost to the Government."  In support of the application, he submitted various documents relating to the issue at hand.

3.  The applicant's military records were lost or destroyed in 1974 fire at the National Personnel Records Center; however, a copy of his Separation Qualification Record document shows that he was born on 14 August 
1918, that he entered active duty on 5 December 1941, that he served as an engineer platoon leader and company commander, that he was awarded the Silver Star, two awards of the Bronze Star Medal, and the Purple Heart, and that he was honorably separated from active duty on 26 December 1945 in the grade of first lieutenant.  (A copy of Special Orders 361, War Department, Washington, DC, shows that he was promoted to the grade of first lieutenant effective 
29 December 1943).

4.  A copy of a document submitted by the applicant, dated 12 June 
1950, published by the 5257 Army Service Unit and signed "By Direction of the Senior Army Instructor" advised the applicant, in part, "Information has been furnished this office that you are eligible and will be tendered a new ORC (Officer’s Reserve Corps) appointment in the next higher grade provided you are physically qualified."  The available records indicate that a period of 1-year time in grade and physical fitness was required for promotion eligibility.  He was directed to timely report to a General Dispensary (in order to meet a suspense date) to undergo a final type physical examination.  (A copy of the physical examination is not in the available records). 

CONCLUSIONS:

1.  Absent any evidence or indication of physical unfitness or other promotion disqualification, and noting his approximately 2 years time in grade as a first lieutenant as well as his distinguished military service, it appears that the applicant should have been promoted to the grade of captain at the time of his separation from active duty on 26 December 1945.

2.  In view of the foregoing, and in the interest of justice and equity, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was honorably separated from active duty on 26 December 1945 in the grade of captain.

BOARD VOTE:  

TSK_____  OWT___  JPS ____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1998012312	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999 March 17	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131	
2.		
3.		
4.		
5.		
6.