PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           6 June 2002                   
	DOCKET NUMBER:   AR2002067232

	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	
	Mr. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Thomas E. O'Shaughnessy		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, in effect, reconsideration of his previous application in which he asks that his military record be corrected to show that he was promoted to the grade of captain.

3.  The applicant states, in effect, that he was told at the time of his separation that if he separated as a first lieutenant, rather than a captain, he would probably not be recalled for duty in the Far East.  He later found that this information was erroneous.  His original application pertaining to promotion to captain was denied because his records had been destroyed and there was no evidence to sustain his request.  In support of his current request for reconsideration, he has provided copies of orders pertaining to his separation that constitutes new evidence, which were not available during the previous consideration of his case.

4.  Incorporated herein by reference are military records, which were summarized in a memorandum prepared to reflect the Board’s original consideration of his case (AR2001060592).

5.  The original consideration of this case concerned the applicant’s request to show his grade as captain.  His application was denied because there was insufficient documentation to show he ever held that grade.  However, during the review of his available records, it was determined that he was entitled to certain additional awards, which were approved for issue to him as noted in the original consideration of his case.

6.  A summary of the applicant’s record shows that he was inducted on 21 January 1944, served 10 months and 15 days in an enlisted status and was honorably separated to attend Officer Candidate School.  He was commissioned a second lieutenant on 6 December 1944, and served in the European Theater of Operations with the 2d Infantry Division as an infantry unit commander (platoon leader) from January 1945 to July 1945.  He was promoted to first lieutenant on 2 April 1945, placed in a terminal leave status on 3 April 1946, and honorably separated on 24 April 1946.

7.  In 1945, the War Department announced a new promotion policy for officers released as the result of demobilization after WWII.  This policy was eventually codified in War Department Circular 140, 15 May 1946, Promotion of Officers on Relief from Active Duty, commonly referred to as terminal leave promotions.  The policy provided, in pertinent part, for the promotion of certain officers to the next higher grade (from first lieutenant through colonel) upon their separation from active duty.  Officers were required to have served two years on active duty since 1940, and not have been promoted or, held their prior grade a specified period of 

time in order to qualify for a one-grade promotion on release from active duty.  In the case of promotions from first lieutenant to captain, the specified period was 18 months, however, the circular also provided that officers would be given 50 percent credit for all time spent in the lower grade overseas.  Promotions would be effective the date the officer departed active duty on terminal leave.

8.  Officers who served time in grade on active duty as specified above, and attained a minimum efficiency index of 40 or more, were eligible for promotion incident to relief from active duty.  The efficiency index was determined by multiplying each ratings numerical value by the number of months for which the rating was given and dividing the sum by the total number of months the rating was given.

9.  Promotions made in accordance with the foregoing authority, were temporary, expired automatically at the end of the official termination of the war plus 6 months, and did not affect the status of the individual in the Officers’ Reserve Corps, or in the National Guard of the United States, in their lower permanent grade.

CONCLUSIONS:

1.  The previous consideration of the applicant’s request, that he be reinstated as a captain, was appropriately denied because there was no evidence available to show that he had ever held the grade of captain.  On reexamination however, it appears that he is actually seeking promotion to captain in accordance with the relief from active duty promotion policy that was in effect when he separated from the Army in 1946.

2.  Since his records were lost in the 1973 fire at the National Personnel Records Center, it is not possible to determine his efficiency index.  The available records suggest however, that he was probably an excellent officer, as evidenced by his having received the Combat Infantryman Badge and subsequent promotion to first lieutenant while a platoon leader in a combat environment.  Given his combat record, it is the Board’s view that he would meet the minimum efficiency index specified were his full records available.

3.  Accordingly, it would be appropriate to correct the applicant’s records to show that he was promoted to the grade of captain effective on the date he was placed on terminal leave, 3 April 1946.

4.  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 individual concerned received a relief from active duty promotion to the grade of captain effective 3 April 1946.

BOARD VOTE:  

___sk___  ___jtm___  ___teo__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Stanley Kelley____________
		        CHAIRPERSON

INDEX

CASE ID	AR2002067232	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020606	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.  131.08		
2.		
3.		
4.		
5.		
6.