MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            19 August 2003                   
	DOCKET NUMBER:    AR2003086987

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn 		Chairperson	
	Ms. Margaret V. Thompson 		Member	
	Mr. John T. Meixell		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 placed on the Retired List in the rank and pay grade of first lieutenant/0-2 (1LT/0-2).

APPLICANT STATES:  In effect, while serving at Fort Bragg, North Carolina, he was told by a major that he would be promoted to 1LT.  However, this major went out on a mission and was shot down so he did not receive his promotion.  He also claims that he was serving in a position authorized the rank of 1LT.  In support of his application, he submits a letter dated 25 April 1945, Subject: Assignment of Permanent Limited Service Officers, an Officer’s and Warrant Officer’s Qualification Card (WD AGO Form 66-1), and his separation document (WD AGO Form 53-58).

EVIDENCE OF RECORD:  The applicant's military records show:

On 5 August 1945, the applicant was honorably released from active duty (REFRAD) for the purpose of retirement, by reason of a permanent physical disability.

The applicant’s WD AGO Form 66-1 confirms, in Item 14 (Grade, Appointments and Reductions), that he was appointed a second lieutenant/0-1 (2LT/0-1) on 
1 April 1943, and this was the highest rank he attained while serving on active duty.  In addition, his Military Personnel Records Jacket (MPRJ) contains no orders or other documents that indicate he was ever recommended for, selected for, or promoted to the rank of 1LT.  

An Information For Processing Former Physically Disabled Members of the Army (AGO Form 0987), dated 2 December 1949, on file, which was prepared on the applicant during his retirement processing contains the entry 2LT in the identification portion (Grade or Rank) and in Section A (Highest Grade Satisfactorily Held During Career). 

The WD AGO Form 53-58 issued to and authenticated by the applicant with his signature on the date of his separation confirms that on 5 August 1945, he was REFRAD under the provisions of WD Cir NO 109 1945, by reason of physical disability.  The separation document lists the applicant’s rank as 2LT in 
Item 3 (Grade, Rank).

Title 10, U.S. Code, section 1372(3) governs the grade upon retirement of members of the armed forces who retire for physical disability.  This law provides, in pertinent part, that a member who is retired for physical disability under section 1201 or 1204 is entitled to the permanent regular or reserve grade they hold on the date of discharge or to which they would have been promoted had it not been for the physical disability.  

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 Board notes the applicant’s contention that he should be placed on the Retired List in the rank and pay grade of 1LT/02.  However, it finds insufficient evidence to support this claim. 

2.  The evidence of record confirms that the highest rank and pay grade the applicant attained while serving on active duty was 2LT/0-1.  The record is void of any indication that the applicant was ever recommended for, selected for, or promoted to 1LT prior to incurring the medical condition that resulted in his disability retirement.  Although the applicant may have served in a position authorized a 1LT and performed duties associated with the higher rank, this  does not alone serve as a basis for promotion to the higher grade upon disability retirement.  

3.  The record further confirms that the applicant held the rank and pay grade of 2LT on the date of his REFRAD for the purpose of retirement, and that this was the highest rank and pay grade he held while serving on active duty.  Further, the applicant has failed to provide sufficient independent evidence to support his claim that he was recommended or selected for promotion to 1LT prior to his disability processing.  Thus, the Board concludes that he was appropriately placed on the Retired List in the rank and pay grade of 2LT/0-1 in accordance with the applicable law and regulation.  

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

___MVT__  ___FE__  ___JM __  DENY APPLICATION

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

INDEX

CASE ID	AR2003086987	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 306	129.0400	
2.		
3.		
4.		
5.		
6.