MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  8 August 2002
	DOCKET NUMBER:  AR2002069431

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Lester Echols		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, correction of his records to show that he received a battlefield promotion as a second lieutenant during World War II.

APPLICANT STATES:  That he was in combat, from “D” Day when he landed on
Omaha Beach, until the “Battle of the Bulge”, and was wounded before he could accept his battlefield commission.  He also states that he volunteered to the Commanding General of Third Army to be a scout.  He contends that orders were published for anyone in combat with over 3 months of service to receive a combat commission with reassignment to Japan.  He was wounded on 6 January 1945 and was later reassigned to the US for rehabilitation and discharge.  In support of his application, he submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) and a copy of his DD Form 215 (Correction to WD AGO Form 53-55).

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was inducted on 6 June 1942, with prior military service, as a rifleman (745).  He served in the European-African-Middle Eastern Theater of Operations from 16 December 1943 to 24 February 1945, and was honorably discharged on 25 April 1945, in the rank of private. 

The applicant’s available records fail to show that he was ever officially recommended or tendered and accepted a battlefield commission as a 
second lieutenant.

A Joint Resolution, 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.  The period of an appointment as a commissioned officer without component was specified as the duration of the emergency (World War II) 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 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.  The evidence of record shows that he participated in the Battle of Omaha Beach and was awarded the Purple Heart for wounds received on 6 January 1945. 

2.  The Board notes the applicant’s contentions that he volunteered to be a scout and that orders were published for anyone in combat with over 3 months of service to receive a combat commission with reassignment to Japan.  However, there is no evidence in the available records, and the applicant has provided no evidence, to support his contentions.

3.  There is no evidence in the available records to show that he was tendered and accepted a temporary appointment as a second lieutenant.  Therefore, there is insufficient evidence to correct his records to show that he was tendered a battlefield commissioned as a second lieutenant.

4.  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.

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

_rw_____  ___mt___  __le___  DENY APPLICATION

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

INDEX

CASE ID	AR2002069431	
SUFFIX		
RECON		
DATE BOARDED	20020808	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19460425	
DISCHARGE AUTHORITY	AR 615-361	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 310		
2.		
3.		
4.		
5.		
6.