MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            2 May 2002 
	DOCKET NUMBER:   AR2002067576

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Christopher J. Prosser		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 he be given a battlefield commission to the rank of second lieutenant (2LT).

APPLICANT STATES:  In effect, that he was a platoon leader in combat without a commissioned officer and was told by someone higher than his company commander that if he was planning on staying in the service after the war, he could have a commission.  He further states that he is 88 years of age and believes that his service to his country warrants his receiving a battlefield commission.

EVIDENCE OF RECORD:  The applicant's military records were partially destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, which destroyed millions of service records.  However, the surviving records show:

He volunteered for induction in Syracuse, New York, on 29 January 1941.  He completed his training and was transferred to the Pacific Theater of Operations (PTO) on 7 April 1942.  He remained in the PTO until 6 May 1943, when he was returned to the United States.  He was promoted to the rank of technical sergeant (T/Sgt) on 13 March 1944 and remained in the United States until 20 September 1944, when he was transferred to the European Theater of Operations (ETO).  His records also show that he was awarded the Bronze Star Medal for heroism on 10 April 1945, while serving with the 333rd Infantry Regiment, 84th Infantry Division. 

He was returned to the United States on 28 September 1945, where he was honorably discharged in the rank of T/SGT at Fort Dix, New Jersey, on 4 October 1945.

A review of the available records fails to show that the applicant was ever recommended for a battlefield commission.

A Joint Resolution, Public Law 77-252, dated 25 September 1941, provided that, “during the present emergency, temporary appointments as officers of the Army of the United States (AUS) could be made without appointing such persons as officers in any particular component of the AUS.”  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 77-752.  The period of an appointment as a commissioned officer without component was specified as the duration of the present emergency 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 present 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.  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.  While the Board commends the applicant for his excellent record of service to his country, the available evidence of record fails to show that he was ever recommended for or received a battlefield commission.  Accordingly, in the absence of evidence to show that he was recommended for a battlefield commission that was not properly considered, it must be presumed that what the Army did in his case was correct.

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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___fe ___  __cjp ___  __wtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2002067576	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/05/02	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  14	102.0000/BATTLEFIED COMMISSION	
2.		
3.		
4.		
5.		
6.