MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           30 January 2001
	DOCKET NUMBER:   AR2000040380

	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	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian 		Chairperson	
	Ms. Brenda F. Hirschi 		Member	
	Mr. Thomas E. O’Shaughnessy 		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:  In effect, reconsideration of his previous request for promotion to the rank of captain which was initially denied in a Memorandum of Consideration (MOC) on 14 March 1962 and subsequently by a letter refusing reconsideration on 12 July 1973.  The original MOC is not available and the case is being reviewed de novo.

APPLICANT STATES:  In effect, that he was appointed as a first lieutenant in the Medical Reserve Corps on 15 June 1939 upon his graduation from Temple University Medical School.  He was ordered to active duty on 30 July 1941 at Camp Gordon, Georgia.  On 10 July 1942, he was recommended for promotion to the rank of captain.  His recommendation for promotion was never processed to completion because of administrative errors.  He contends that his promotion to captain was unfairly denied.  In support of his request, the applicant submits the documents attached at the List of Supporting Documents.

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

He was appointed a first lieutenant in the Medical Reserve Corps on 15 June 1939 and entered on active duty in the Army of the United States on 30 July 1941.  Following a period of training, he was assigned to Camp Gordon as a medical doctor from 15 December 1941 through 10 July 1942.

The applicant successfully completed airborne training at Fort Benning, Georgia from 18 July 1942 through 14 August 1942.  Thereafter, he was transferred to the 505th Parachute Infantry Regiment, Fort Bragg, North Carolina.  He was later reassigned to the 503rd Parachute Infantry Regiment where he was assigned duties as an assistant battalion surgeon in the 3rd Battalion.  When the 503rd Parachute Infantry Regiment was transferred to the Pacific Theater of Operations during World War II, the applicant deployed with his unit.

On 6 January 1944, the applicant was reassigned to the 116th Medical Battalion.  He remained with that unit until 10 February 1944 when he was reassigned to the 186th Infantry Regiment, 41st Infantry Division as an assistant battalion surgeon.  On or about 12 March 1944, he was admitted to the 5th Station Hospital after exhibiting psychotic behavior.  He was transferred to the 42nd General Hospital and diagnosed as suffering from "Psychosis, dementia praecox, paranoid type, manifested by agitation, combativeness, pressure of speech, paranoid trends, and lack of judgment and insight."

On or about 23 March 1944, the applicant was reassigned to the United States and Letterman General Hospital, San Francisco, California.  On or about 26 June 1944, he was further assigned to Rhoads General Hospital, Utica, New York, where he remained a patient until 27 September 1944 at which time he was transferred to Walter Reed General Hospital, Washington, DC.  At Walter Reed, he was given a hearing before the Army Retiring Board on 10 November 1944 and found to be incapacitated for active service by reason of psychosis, manic depressive, manic type, in remission.  His incapacitation was determined to be service-related and permanent.  He was therefore honorably discharged by reason of permanent disability on 31 March 1945 and placed in a retired status.  His rank at retirement was first lieutenant.

The record as relates to the applicant's possible promotion to the rank of captain shows that while serving at Camp Gordon, he was one of several first lieutenants recommended for promotion to captain by the station hospital commander on 10 July 1942.  Because he departed Camp Gordon for airborne training at the time of the recommendation, the paperwork apparently became misplaced.  When he arrived at Fort Bragg following completion of airborne training, the applicant initiated a tracer action that eventually proved successful.  It showed that the recommendation had been dispatched from Headquarters, Army Ground Forces, Washington, DC on 30 October 1942 to the Office of The Adjutant General (TAGO).  It was then dispatched to the Commander, 503rd Parachute Infantry Regiment for a recommendation.

War Department Circular 161, 21 May 1942, governed the temporary promotion of officers on active duty.  It provided that recommendations for promotion to captain and above would be forwarded through designated channels to TAGO for review and approval by the Army Personnel Board.  The policy required subordinate field commanders to submit recommendations for promotions to the next higher commander for consideration and further transmission, if approved.  This procedure enabled major commanders to control overall promotions within their commands so that allowance could be made for replacements received and the authorized strengths in the various grades would not be exceeded.  No promotion was effective until approved by all commanders in the chain of command and favorably acted upon by the major commander who had the authority to promote.

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 this requirement.

2.  Promotion policy for officers during World War II required recommendations from the officer's chain of command.  These were forwarded through command channels to TAGO in Washington, D.C. where the Army Personnel Board made 

final approval.  No promotion was effective, however, until approved by all commanders in the chain of command and favorably acted upon by the major commander who had the authority to promote.

3.  The applicant was recommended for promotion in July 1942; however, the recommendation was lost during processing through command channels enroute to TAGO.  In September 1942, the applicant's unit, the 505th Parachute Infantry Regiment, initiated a tracer action that located the recommendation at TAGO in Washington, DC.  It was then sent to the Commander, 503rd Parachute Infantry Regiment, the applicant's new unit, for a recommendation through that chain of command.

4.  There is no record of a recommendation from the Commander, 503rd Parachute Infantry Regiment.  It is unknown whether the action failed to reach the unit or whether the Commander, as a result of the applicant's mental breakdown, declined to offer a positive recommendation.  It is only known that the applicant was never promoted to captain.

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:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__aao___  __bfh___  __teo ____  DENY APPLICATION

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

LIST
OF
SUPPORTING DOCUMENTS

1.	A 10 April 2000 letter to the Board.
2.	A 28 March 2000 chronology of the applicant's military service.
3.	An extract of a 10 July 1942 letter from the Office of the Surgeon, Camp
Gordon, Georgia, recommending the applicant for promotion to captain.
4.	A 9 July 1942 letter from Headquarters, Station Hospital, Camp Gordon,
recommending the applicant's promotion to captain.
5.	A copy of the same 9 July 1942 letter, but with a 1st endorsement recommending approval.
6.	A copy of a 1 July 1942 Western Union telegram transferring the applicant from Camp Gordon to Parachute School, Fort Benning, Georgia.
7.	A copy of a 30 August 1941 certificate of completion of refresher training.
8.	A copy of his 15 August 1942 certificate of completion of parachute training.
9.	A copy of United States Army Forces, Far East Circular No. 36, Revision of Tables of Organization.
10.	A copy of a 23 December 1943 certificate from Headquarters,
3rd Battalion, 503rd Parachute Infantry Regiment showing that the applicant had 11 parachute jumps prior to joining the unit and 26 jumps (including one combat jump) with the unit.
11.	A copy of a 24 December 1943 letter from the Commander, Company H,
503rd Parachute Infantry Regiment attesting to the applicant's good service.
12.	A copy of a 23 December 1943 letter from the Surgeon, 3rd Battalion, 503rd Parachute Infantry Regiment attesting to the applicant's good service.
13.	A copy of an undated memorandum from the Commander, 3rd Battalion to
the Regimental Commander stating, "Approved.  However, [applicant] did prove of great value to the Battalion during combat."
14.	A copy of a 16 September 1943 2nd Indorsement from Acting Regimental
Surgeon to Regimental Commander recommending disapproval [ of a request for reassignment].
15.	A second copy of Item 18.
16.	A second copy of Item 9.
17.	A copy of applicant's Certificate of Service from 28 July 1941 to 
31 January 1945.
18.	A copy of a 3 January 1944 letter from the Battalion Surgeon, 3rd Battalion, 503rd Parachute Infantry Regiment, attesting to applicant's service.

INDEX

CASE ID	AR2000040380	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010130	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	131.0000	
2.		
3.		
4.		
5.		
6.