PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           8 August 2002
	DOCKET NUMBER:   AR2002071014

	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. Raymond J. Wagner		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Margaret V. Thompson		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 military record be corrected to show his grade as captain.

3.  The applicant states that he believes he is entitled to captain under the Army resolutions as of the date he went on terminal leave to attend law school.

4.  In support of his request, he submits a copy of his WD AGO Form 53-98, Military Record and Report of Separation, Certificate of Service, his WD AGO Form 66-1, Officer’s and Warrant Officer’s Qualification Card and a copy of a letter to his elected representative seeking assistance in obtaining the requested correction to his records.

5.  The applicant’s military records survived the 1973 fire at the National Personnel Records Center (NPRC) but were heavily damaged by fire and water.

6.  His WD AGO Form 53-98, shows that he completed Officers Candidate School, was commissioned a 2nd lieutenant on 22 November 1944, and was advanced to the grade of 1st lieutenant on 3 April 1945.  He served in the Asiatic-Pacific Theater of Operations as a platoon leader with the 163rd Infantry Regiment and as a supply and evacuation staff officer with the 13th General Hospital.  He was placed in a terminal leave status on 7 September 1946, and was honorably separated to the US Army Reserve on 1 November 1946 in the grade of 1st lieutenant.

7.  His awards include the Combat Infantry Badge (CIB), the Asiatic-Pacific Campaign Medal with 1 bronze service star and arrowhead device, the American Theater Campaign Medal, the World War II Victory Medal, the Army of Occupation Medal (Japan) and the Philippine Liberation Medal with 1 bronze service star.  Subsequent to his release from active duty, and at his request, the NPRC determined on 5 September 2000, that he was also entitled to the Bronze Star Medal (although not stated, this award was probably based on award of the CIB). Evidence in the record supports the award made by the NPRC.

8.  The applicant’s WD AGO Form 66-1, Officer’s and Warrant Officer’s Qualification Card, shows that during his service as an officer he received 11 efficiency report ratings.  He had one other period of service for which he was not rated.  Authorized ratings at the time (and equivalent numerical ratings) ranged in ascending order from unsatisfactory (0.0), satisfactory (0.0 – 1.99), Very Satisfactory (2.0 – 3.49), excellent (3.5 – 5.49) and superior (5.5 – 7.0).  He received Excellent ratings for seven rating periods, which included the majority of the ratings that he received while he was an infantry platoon leader; Very Satisfactory ratings for two rating periods; a Satisfactory rating for one period.  He was not rated one period.  The rating for one other period is faded and undecipherable.  Only three hard copy efficiency reports remain in his file, all of which reflect his manner of performance as Excellent.
9.  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.

10.  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.  

11.  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.  It appears that the promotion the applicant is seeking is the so-called terminal leave promotion that the Army administered upon demobilization at the conclusion of World War II.

2.  The applicant’s available and legible records show that he was an excellent officer, as evidenced by his having received the CIB, promotion to 1st lieutenant while an infantry unit leader in a combat environment and efficiency ratings of Excellent while occupying the combat leadership positions.  Given his combat record, it is the Board’s view that he would probably have met the minimum efficiency index specified had his full record of efficiency reports or all of his ratings on his qualification card been decipherable and available for review.

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 entered terminal leave status – 7 September 1946.

4.  Furthermore, based on the evidence of record, it would be appropriate to add the following awards, the American Campaign Medal and Bronze Star Medal, to his WD AGO Form 53-98.

5.  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:

a.  showing that the individual concerned received a relief from active duty promotion to the grade of captain effective 7 September 1946; and

	b.  showing that he was awarded the Bronze Star Medal and the American Campaign Medal.

BOARD VOTE:  

___mvt      ___le      _  ___rjw    _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Raymond J. Wagner_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002071014	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020808	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.  131.08		
3.		
4.		
5.		
6.