APPLICANT REQUESTS:  That he be granted a terminal leave promotion from Captain to Major.

APPLICANT STATES:  That the time in grade requirement was arbitrary because it did not take into consideration the time he served in the position of Captain from 1 August 1942 until his retirement on 25 July 1958.

EVIDENCE OF RECORD:  The applicant’s military records show:

He was born on 6 September 1915.  He enlisted in the Iowa National Guard on  3 August 1931 and was assigned to the 34th Infantry Division.  On 10 February 1941, he was inducted into Federal service.  On 19 February 1942, the 34th Infantry Division deployed to the European Theater.  On 1 August 1942, he was appointed to warrant officer.  On 21 July 1944, he was appointed a Second Lieutenant in the Army of the United States.  He was promoted to First Lieutenant on 27 November 1944.  

On 29 May 1945, the applicant was recommended for promotion to Captain.  He had been serving in a Captain’s position while a First Lieutenant.  The Commanding General, 34th Infantry Division, approved the promotion and forwarded it to Headquarters, Fifth Army.

Headquarters, Fifth Army returned the promotion without action.  Earlier that month, the War Department had temporarily suspended all officer and enlisted promotions except for certain personnel in Category I and Category II units.  The applicant’s promotion could be resubmitted if the 34th Infantry Division had been officially notified of its status as a Category I or II unit.

On 4 June 1945, the 34th Infantry Division endorsed the action back down to the unit commander, noting that there had been no official notification of the status of the 34th Infantry Division.

On 1 July 1945, the applicant was reassigned to the 85th Infantry Division.  He started terminal leave on 26 August 1945 and was relieved from active duty on 11 December 1945 in the grade of First Lieutenant.

On 1 July 1955, the applicant was promoted to Captain in the U. S. Army Reserve.  He was transferred to the Retired Reserve on 28 July 1958.

On 17 June 1975, the Promotion Division, Army Reserve Personnel and Administration Center, in reply to his letter of 6 May 1975 reference terminal leave promotion, notified him he was eligible for promotion to the grade of Major in accordance with War Department Circular dated 11 January 1946.  On         19 December 1975, the Retired Activities Division, Army Reserve Personnel and Administration Center, notified him that while he attained the efficiency index for a terminal leave promotion upon release from active duty, he did not complete the required time in grade and therefore he was not eligible for a higher pay grade.

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 First Lieutenant being relieved from active duty was eligible for promotion to Captain provided he met the criteria of completion of 18 months on active duty in the grade of First Lieutenant, with an efficiency index of 40 or above.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The applicant was recommended for promotion to Captain on 29 May 1945.  However, promotions had been temporarily suspended earlier that month except for individuals in Category I or Category II units.  On 4 June 1945, the status of the 34th Infantry Division was unknown, so he could not have been resubmitted for promotion by that time.  The applicant was assigned to the 85th Division on    1 July 1945.  Records at the Center for Military History indicate the 34th Infantry Division was deactivated on 3 November 1945, so presumably it was never granted Category I or II status.

3.  The applicant was promoted to First Lieutenant on 27 November 1944.  On 11 December 1945, less than 13 months later, he was relieved from active duty. War Department Circular 10 provided that a First Lieutenant could be promoted to Captain coincident with his separation provided he had completed 18 months time in grade.  There was no provision for counting time served in a higher position (i.e., time served in a Captain’s position while in a lower grade) as part of this 18 month period.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

                       GRANT

                       GRANT FORMAL HEARING

                       DENY APPLICATION

                                Loren G. Harrell
					 	Director