PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           19 DECEMBER 2003                   
	DOCKET NUMBER:   AR2002073100

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Harry B. Oberg		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.  In effect, the applicant requests that his military record be corrected to show that he was promoted to first lieutenant. 

3.  The applicant states that his discharge certificate is incorrect.  General Orders Number 217 shows his correct rank. 

4.  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from the applicant and from reconstructed personnel records.

5.  The applicant’s certificate of service shows that he entered on active duty on 17 April 1943, completed officer candidate school and a company officer’s course, and on 3 June 1944 departed for the European Theater of Operations.  He was wounded in action on 4 December 1944, and returned to the United States, arriving on 10 February 1945.  The applicant participated in two campaigns and was awarded the Purple Heart, the European-African-Middle Eastern Campaign Medal with two bronze service stars, the Bronze Star Medal, the American Theater Ribbon, and the World War II Victory Medal.  He was discharged in the grade of second lieutenant because of physical disability on   24 March 1946.   

6.  A separate certificate of service shows that he honorably served in the Army from 17 April 1943 to 24 March 1946.  That certificate also shows his grade as second lieutenant.

7.  A January 1946 Officers’ Pay, Allowance, and Mileage Voucher shows that the applicant was paid as a second lieutenant.   

8.  Headquarters, 6th Armored Division General Orders Number 217, dated          5 June 1945, show that the applicant was awarded the Bronze Star Medal for heroic achievement for his actions on 4 December 1944.  His rank on that general order is shown as first lieutenant.   

9.  In a 9 December 1946 request for information from the Army, a VA office indicated that the applicant had entered on active duty on 12 May 1942, was commissioned on 17 April 1943 and discharged on 24 March 1946.  That request indicates that his last grade was first lieutenant.  

10.  Army Regulation 605-12, then in effect, states that any second lieutenant who has completed 18 months of service in that grade may be promoted to the grade of first lieutenant without regard to table of organization or allotment vacancies in the grade of first lieutenant, provided he is qualified for and worthy of promotion.  In determining time in grade for this purpose, service outside the continental limits of the United States or in Alaska will be counted as time and a half.  This authorization will not be used for the automatic promotion of all second lieutenants who have served 18 months in that grade, but will be reserved for those denied merited advancement solely because they are not assigned to positions established for higher grade.  

CONCLUSIONS:

1.  The applicant served his country faithfully and honorably as attested by his award of the Bronze Star Medal and the Purple Heart.  Additionally, the general order effecting the award of the Bronze Star Medal shows that he was in fact a first lieutenant.  He was worthy of promotion to that grade.

2.  Accordingly, it would be appropriate to correct the applicant’s records to show that he was separated on 14 March 1946 in the grade of first lieutenant .  He should be issued a certificate of service which shows his grade as first lieutenant.

3.  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 was separated on 14 March 1946 in the grade of first lieutenant.  He should be issued a certificate of service showing his grade as first lieutenant. 

BOARD VOTE:  

__RVO__  __SK ___  __HBO__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O'Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR2002073100	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021219	
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.	131.00	
2.		
3.		
4.		
5.		
6.