MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:             7 September 2000
	DOCKET NUMBER:    AR2000038218

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

	Mr. Carl W. S. Chun		Director	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas B. Redfern, III		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  Correction of his records to show that he earned a battlefield promotion as a second lieutenant.

APPLICANT STATES:  That his records are not in error.  However, he states
that he was informed that he was to receive a battlefield appointment as a second lieutenant, but his request was not submitted in a timely manner by his former commander.  He also states that his former commander submitted his recommendation after the expiration date for submission of forwarding commissions.  He further states that his qualifications for a battlefield commission are as follows:  platoon sergeant of a rifle platoon, acting platoon leader and 
award of the Bronze Star Medal.  He goes on to state that his commander was responsible for forwarding his recommendation; however, he was informed by his executive officer that the expiration date for submission of his recommendation had expired.  He concludes by stating that he has heard of veterans receiving awards 50 years after the war and that he should be considered for this award.  In support of his application he submits a copy of a recommendation from his former executive officer, dated 20 August 1999 and a copy of his WD AGO Form 53-55.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was inducted on 30 September 1943 as a rifleman (745).  He served in the European-African-Middle Eastern Theater of Operations from 21 January 1945 to 23 November 1945 and was honorably discharged on 20 December 1945.

The applicant’s available records fail to show that he was ever officially recommended or tendered and accepted a battlefield commission as a 
second lieutenant.

The applicant provided a copy of a letter from his former executive officer, dated 20 August 1999, which states that he was a platoon leader in his company during World War II, performed the duties and responsibilities of a lieutenant during stateside training and under combat conditions in the European Theater, was an outstanding leader and commanded and received the respect of the men in his platoon as well as the commissioned and noncommissioned officers in the company.  The executive officer also stated that the applicant displayed courageous and effective leadership in an enemy engagement in Saar-Lautern, Germany, and that his professional direction and quick judgement under fire was instrumental in saving the lives of others in his unit.  The executive officer further states that he strongly recommended that the applicant’s name be submitted for 
a battlefield promotion to second lieutenant in recognition due to his continued effective leadership of his platoon.  The executive officer goes on to state that 

this action was not completed in a timely manner and that he was later informed that no action would be taken because the date for awarding such commissions had expired.  The executive officer concludes by stating that he knows the value of leaders such as the applicant and that he strongly recommended that the applicant’s request for consideration of this proposed commission, through much delay, be given full attention so that the applicant my receive immediate and deserving recognition during the remainder of his life.

A Joint Resolution, Public Law, 77-252, dated 22 September 1941, provided that, “during the present emergency, temporary appointments as officers of the Army of the United States could be made without appointing such persons as officers in any particular component of the Army of the United States.”  It further provided that such appointments could be vacated at any time by the President and, if not sooner vacated, would continue ”during the present emergency and 6 months thereafter.”

The editions of Army Regulation 605-10, and changes thereto in effect between 1941 and 1949, implemented Public Law 77-252.  The period of an appointment as a commissioned officer without component was specified as the duration of the emergency (World War II) and 6 months thereafter, unless sooner terminated.  Provisions were made for termination of such an appointment at the discretion of the President.  In addition, it was stipulated that, during the emergency and such further period as the Secretary of War may prescribe, former enlisted men who were discharged to enter on active commissioned service, and who presented themselves for enlistment upon the honorable termination of their officer status, would be entitled to restoration to the enlisted grade held immediately preceding their commissioned service.

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.  The Board noted the applicant’s contentions regarding a recommendation for a battlefield appointment as a second lieutenant.  The Board also noted the letter provided by the applicant from his former executive officer which recommended him for a battlefield commission.  However, the executive officer was informed that this action was not completed in a timely manner and that no action would be taken because the date for awarding such commissions had expired.  

2.  Based on the foregoing, the Board clearly recognizes that the applicant was
recommended for a battlefield appointment as a second lieutenant.  However, the fact that this request for appointment was not processed in a timely matter is not a basis for reconsideration nor is it a basis for granting a battlefield promotion at this time.

3.  There is no evidence in the available records to show that he was tendered and accepted a temporary appointment as a second lieutenant.  Therefore, he is not entitled to correction of his records to show that he was tendered a battlefield commissioned as a second lieutenant.

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

5.  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:

CLA_____  WTM___  TBR_____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

Carl W. S. Chun
Director, Army Board for Correction
of Military Records

INDEX

CASE ID	AR2000038218	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000907	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451220	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  310		
2. 		
3.		
4.		
5.		
6.