MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 October 2001                   
	DOCKET NUMBER:   AR2001060675

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. Jose A. Martinez		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, that his records be corrected to show he received a battlefield commission and that he receive just compensation.

APPLICANT STATES:  That he was a sergeant at the time his platoon leader was killed by a German sniper around 14 or 15 March 1945.  Headquarters told him to take over the platoon and continue the mission.  He was made a staff sergeant at the time.  He was later informed that he should have been given a field commission.  He provides no supporting evidence.

EVIDENCE OF RECORD:  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.

The applicant was born on 26 April 1920.  He was inducted into the Army on     25 June 1944.  He arrived in the European Theater of Operations on 13 January 1945 and departed on 22 May 1945.  He was separated on 2 November 1945 in the rank of staff sergeant as an infantry squad leader.  His Report of Separation, WD AGO Form 53-55, shows that he was awarded the Combat Infantryman Badge, the Army Good Conduct Medal, the European-African-Middle Eastern Theater Service Medal, and the Lapel Button.  

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.  Army Regulation 605-10 dated 26 May 1944 provided that enlisted men and warrant officers of the Army who were not graduates of officer candidate schools, or of a school or resident course of instruction recognized by the War Department as qualifying them for a commission and who were not former officers would not be appointed unless: (1) upon appointment the appointee passed his 30th birthday.  Exceptions could be made where the individual possessed a scarce category of specialized skill in which not enough trained men were available to fill the needs of the armed forces at the time required provided the individual met all other requirements prescribed by regulations; (2) recommendation was accompanied by satisfactory evidence that the individual possessed special ability of a technical or professional nature 

qualifying him for duty as a commissioned officer in the particular assignment for which he was recommended; (3) his Army General Classification Test score was 110 or higher; (4) the recommended individual was in the active military service of the United States and had completed more than 4 months’ active military service immediately preceding recommendation for appointment; and (5) he was recommended by a board of officers appointed by the regimental or corresponding higher commander for the purpose of conducting an appropriate examination.  When a commander of United States forces outside the continental United States was granted special authority by the War Department to appoint or to recommend the appointment of officers, the qualifications for appointment would be as indicated in the special War Department instructions authorizing the appointments.

Army Regulation 600-8-22 provides, in pertinent part, for the award of the Bronze Star Medal to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.

An Authorization for Issuance of Awards, DA Form 1577, dated 21 June 2000 authorized issuance of the Bronze Star Medal and the World War II Victory Medal, in addition to the other awards listed on his WD AGO Form 53-55, to the applicant.

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.  The Board notes that the applicant does not contend that he was ever recommended for a battlefield appointment as a commissioned officer.  There is no evidence to show that he was recommended for a battlefield commission and no evidence to show that he was tendered and accepted a temporary appointment as a second lieutenant; therefore, the applicant is not entitled to correction of his records to show that he was tendered a battlefield commission.

3.  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.

NOTE: The Army Review Boards Agency, Support Division, will be directed to amend the applicant’s WD AGO Form 53-55 to add the Bronze Star Medal and the World War II Victory Medal.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__jhl___  __mdm___  __jam___  DENY APPLICATION

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

INDEX

CASE ID	AR2001060675	
SUFFIX		
RECON		
DATE BOARDED	20011011	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	102.00	
2.		
3.		
4.		
5.		
6.