MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            14 January 2003
	DOCKET NUMBER:   AR2002071817

	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:

	Ms. Margaret K. Patterson		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Ms. Mae M. Bullock		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:  That he be given a battlefield commission to the rank of second lieutenant.

APPLICANT STATES:  In effect, that he and another staff sergeant were told that they were being recommended for a battlefield commission to the rank of second lieutenant, immediately after being awarded Silver Stars for gallantry in action in France in July 1944.  He goes on to state that he and the other staff sergeant were sent to the command half-track to complete the paperwork.  He further states that the other staff sergeant received his commission and shortly thereafter, was killed in action.  He further states that he did not receive any word of his commission and as time passed, the combat engagements required his full attention.  His men discouraged him from pursuing the matter because to them, it was an omen of bad luck.  He eventually had enough points to be discharged early and had no further contact with members of the 3rd Armored Division.  In support of his application he submits a copy of his report of separation (WD AGO Form 53-55) and a copy of his orders awarding him the Silver Star. 

EVIDENCE OF RECORD:  The applicant's military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, which destroyed millions of service records.  However, the available evidence provided by the applicant shows:

He was inducted on 3 November 1941.  He completed his training as a medium tank crewman and was transferred to the European Theater of Operations (ETO) on 5 September 1943.  He was subsequently promoted to the rank of staff sergeant.

On 31 July 1944, orders were published by Headquarters 3rd Armored Division which awarded the applicant the Silver Star for gallantry in action in France from 9 July to 17 July 1944, when his platoon commander was wounded and he assumed command of the platoon.

On 11 September 1945, he departed the ETO for the United States.  He arrived in the United States on 20 September 1945 and was transferred to Jefferson Barracks, Missouri, where he was honorably discharged in the rank of staff sergeant on 28 September 1945.  He had served 3 years, 10 months and 26 days of total active service. 

In the processing of this case a staff member of the Board researched unit records at the National Archives in College Park, Maryland.  A search of records of the 32nd Armored Regiment, 3rd Armored Division during the period in question failed to reveal any evidence to support the applicant’s claim that he was recommended for a battlefield commission. 

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 vacated, would continue “during the present emergency and 6 months thereafter.”  The War Department was the approval authority for all battlefield commissions. 

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the available 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 has attempted to verify the applicant’s claim that he was recommended for a battlefield commission by reviewing historical documents for the period in question.  However, the unit records fail to verify his contentions.

3.  The Board notes that the passage of time (59 years), the lack of witnesses to corroborate his claim and the destruction of his personnel records, makes it difficult at best to verify his claim.  In any event, there is no evidence to show that he was ever recommended or approved for a battlefield commission.  Accordingly, absent such evidence, there is no basis for the Board to approve his request.

4.  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
___mb __  __mkp___  __jlp____  DENY APPLICATION

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

INDEX

CASE ID	AR2002071817	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/01/14	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  14	102.0000/BATTLE COM	
2.		
3.		
4.		
5.		
6.