PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           11 December 2001                   
	DOCKET NUMBER:   AR2001060444

	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. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Thomas E. O’Shaughnessy, Jr.		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 records be corrected to show he was promoted to captain prior to his separation.

3.  The applicant states that as a second lieutenant he had replaced a lieutenant colonel.  His average rating of 4.0 made him eligible for promotion.  While serving in the China-Burma-India Theater he served in a captain’s position.  After his return to the States he was in poor physical and mental condition and he had no drive or energy to correct this error.  Over the years it never seemed vital to correct it.  However, now he is 90 years old and he wants his three grandchildren to be proud of what he did as a soldier.  He earned a bronze star and an honorable discharge.  He provides supporting evidence as listed as documents  A – J in his attachment to the DD Form 149.  

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973.  Information contained herein was obtained from alternate sources.

5.  The applicant entered active duty as a Quartermaster officer on 28 January 1943.  By orders dated 24 July 1943, he was detailed as a Public Relations Officer with the Antiaircraft Artillery School, Camp Davis, NC vice a lieutenant colonel.  

6.  An undated and unsigned document indicates the applicant was eligible for promotion.

7.  An undated (but apparently prepared after 1 December 1945) and unsigned document purports to indicate the applicant received four efficiency ratings in 1945 ranging from 3.5 to 5.0.

8.  An undated, partial document signed by R___ W. R___, Major, Commanding indicates the applicant served in a captain’s position from 1 July 1945 to            28 September 1945 while with the 472d Quartermaster Group and from              29 September to the present with his current unit.

9.  Special Orders 154, Replacement Depot Number #5 dated 3 December 1945 awarded the applicant the bronze (service) star on the Asiatic Pacific Campaign Ribbon.

10.  The applicant separated on 26 May 1946.  His Separation Qualification Record indicates he was to be promoted to captain on 26 April 1946.  His Report of Separation is not available.

11.  Army Regulation 605-12, in effect at the time, governed the temporary promotions of commissioned officers in the Army of the United States.  It provided that in order for an officer to have been promoted to captain, that officer must have been recommended by his commander as well as have served successfully in the position of a captain for at least three months.  

CONCLUSIONS:

1.  Although the applicant’s military records are not available, it appears from the available evidence that he met the eligibility requirements for promotion to captain.  At this late date it cannot be conclusively shown that his promotion to captain was approved.  However, his Separation Qualification Record is annotated that he was to be promoted to captain on 20 April 1946 and the Board concludes that it would be equitable to correct his records to show he was promoted to captain on this date with no entitlement to pay and allowances as a result of this correction.

2.  In view of the foregoing, 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 applicant was promoted to captain on 20 April 1946.

BOARD VOTE:  

__kak___  __reb___  __teo___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Karol A. Kennedy
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001060444	
SUFFIX		
RECON		
DATE BOARDED	20011211	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.