IN THE CASE OF: BOARD DATE: 31 March 2016 DOCKET NUMBER: AR20150005818 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x___ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 31 March 2016 DOCKET NUMBER: AR20150005818 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the World War II Victory Medal to her WD AGO Form 53-98. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to promotion to captain and award of the: * American Defense Service Medal * American Campaign Medal * Armed Forces Reserve Medal _____________x____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. IN THE CASE OF: BOARD DATE: 31 March 2016 DOCKET NUMBER: AR20150005818 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of her records to reflect she was promoted beyond second lieutenant (2LT)/O-1 and all authorized awards, specifically the: * American Defense Service Medal * American Campaign Medal * World War II Victory Medal * Armed Forces Reserve Medal 2. She states, in effect, her WD AGO Form 53-98 (Military Record and Report of Separation – Certificate of Service) does not list all the awards she earned or reflect her deserved promotions to first lieutenant (1LT)/O-2 and possibly captain (CPT)/O-3. She contends that the clerk lacked the proper knowledge to correctly complete her separation papers. 3. The applicant provides: * WD AGO Form 53-98 * Public Law 350, dated 22 June 1944 * Army of the United States (AUS) Certificate of Service * memorandum, Official Documents for [the applicant] * Army Medical Specialist Corps Manual, pages 8 and 115–117 * memorandum, War Assets Administration, dated 11 December 1946 * Appointment Certificate to 2LT, dated 18 February 1948 * memorandum, Recommendation for Promotion of Reserve Officer with allied documents * Honorable Discharge Certificate, U.S. Army Reserve (USAR), 22 December 1950 * Women in Military Service for America Memorial Program, dated 31 May 2004 * Memorandum, Road to Berlin, America's Journey of Courage and Sacrifice, dated 8 October 2014 CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. Her military records were lost or destroyed in the 1973 fire at the National Personnel Records Center. Information herein is based on the documents provided by the applicant. 3. The applicant was appointed as a 2LT in the AUS on 23 August 1943. Her WD AGO Form 53-98 shows she entered active duty on 1 September 1943 and she held military occupational specialty 3420 (hospital dietitian). 4. On 22 May 1945, she was honorably released from active duty in the rank of 2LT. Her WD AGO Form 53-98 shows in: a. item 28 (Battles and Campaigns), no battles or campaigns; b. item 29 (Decorations and Citations), she was awarded the European-African-Middle Eastern Campaign Medal; c. Item 32 (Service Outside Continental United States and Return), she served in the United States and the European theater of operations (ETO) as follows: * United States – 1 September 1943 to 27 June 1944 and 16 April 1945 to 22 May 1945 * ETO – 4 July 1944 to 15 April 1945 d. item 37 (Total Length of Service), she completed 11 months and 2 days of continental service and 9 months and 20 days of foreign service. 5. In addition, she provided: a. her certificate of appointment to 2LT (USAR), effective 15 January 1948; b. a memorandum, dated 30 June 1949, issued by the Headquarters, Sixth Army, Presidio of San Francisco, CA, recommending her for promotion to 1LT in the Officers' Reserve Corps (ORC). On 16 August 1949, the Assistant Adjutant General, Headquarters, Northern California-Nevada, ORC Instructor Group, Presidio of San Francisco, CA, recommended approval, stating the applicant had fulfilled all requirements and the position vacancy was not required. This recommendation shows: * she received a "very satisfactory" performance rating (Efficiency Index rating of 30) while assigned to Headquarters, 4441st Quartermaster Company, from 11 December 1944 to 11 April 1945 * the last civilian occupations held were as a hospital dietitian at the Veterans Administration Hospital (1 year) and as an apprentice dietitian at Walter Reed General Hospital (1 year) c. her Honorable Discharge Certificate from the USAR, effective 22 December 1950; d. an extract from the Army Medical Specialist Corp Manual prepared and published under the direction of the Surgeon General, U.S. Army, dated 1986. This manual shows Public Law 78-350 (also included) was passed authorizing civilian dietitians in the War Department to receive full commissioned status in the AUS. It stated: * by May 1943, promotion boards had been appointed in the Surgeon General's Office to act on all recommendations for promotion of dietitians in accordance with the number of spaces available * after full military status in the AUS In June 1944 promotions were made in the service commands as they were for other officers * promotion to 1LT required 18 months of satisfactory service and a recommendation from the individual's commanding officer * overseas months were counted as time and half when pertaining to length of time in grade * appointment in the grade of 2LT and the promotion on length of military service failed to give some individuals credit for their civilian hospital experience * terminal promotions to grades 1LT and CPT were authorized at separation centers for officers who had completed the specified length of service for the grade at the time of separation e. Public Law 272, section 5, which credited all active full-time service in the dietetic or physical-therapy categories (except as a student or apprentice) rendered subsequent to 6 April 1917 as a civilian employee of the War Department; f. her background as it appeared in the program for "Women in Military Service for America Memorial" which included two photographs and a narrative describing her experience in Normandy; g. a thank you letter from the former commander of the Quartermaster Corps, during World War II, Major General R____ M. L____, wherein he stated the applicant was a "grand Soldier" when she served in his command; h. "The Road to Berlin" invitation which recognized the applicant's service in the ETO during World War II. REFERENCES: 1. On 16 October 1945, the War Department announced a new promotion policy for officers being released from active duty as a result of demobilization after World War II. This guidance was modified on 13 December 1945, and was published in War Department Circular 10, dated 11 January 1946. This guidance provided for promoting 1LTs who had 18 months of time-in-grade and attained a minimum efficiency index of 40 or higher to 1LT incident with processing for release from active duty. The circular also provided that officers would be given 50 percent credit for all time spent in the lower grade overseas. 2. The efficiency index used in determining eligibility for promotion for a hospital dietitian was computed from rating for all active service on and after 1 January 1945. 3. 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 ORC, or in the National Guard of the United States, in his/her lower permanent grade. 4. Army Regulation 600-8-22 (Military Awards) provides for award of the: a. American Defense Service Medal for service within the American theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer; b. American Campaign Medal for qualifying service in the American theater between 7 December 1941 and 2 March 1946. Qualifying service for this campaign medal includes permanent assignment or service within the continental United States for an aggregate period of 1 year; c. World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive; d. Armed Forces Reserve Medal is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years. 5. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists World War II units that are authorized foreign awards. This pamphlet does not list any foreign awards for the 137th General Hospital or the 4441st Quartermaster Company. DISCUSSION: 1. The applicant contends her records should be corrected to show she was promoted to 1LT and CPT. Further, she requests that all her authorized awards be listed on her WD AGO Form 53-98. 2. She entered active duty as a 2LT on 1 September 1943 and she served as a hospital dietitian until her release from active duty on 22 May 1945, completing 20 months and 23 days of active service. She held the grade of 2LT upon her separation. 3. The regulation in effect at the time provided for promoting 2LTs to 1LTs coincident with their release from active duty if they had been a 2LT for 18 months or more, and had attained a minimum efficiency index of 40 or higher (computed using active service after 1 January 1945 for dietitians). 4. The applicant clearly served over 18 months as a 2LT; however, based on documents provided by the applicant, she received a "very satisfactory" performance rating for the period 11 December 1944 to 11 April 1945 which equated to an efficiency index of 30. Absent evidence to confirm she had a 40 or higher efficiency index, she did not meet the requirement for temporary promotion to 1LT and as a result she was not eligible for promotion to CPT. 5. In regards to her request for missing awards: a. she served a qualifying period of service for award of the WWII Victory Medal; b. she completed less than 1 year of aggregated service in the United States; therefore, she did not meet the criteria for award of the American Campaign Medal; c. the American Defense Campaign Medal is awarded for service prior to 7 December 1941 and the applicant entered active duty on 1 September 1943 making her ineligible to receive this award; and d. her service in the ORC was less than the 10-year period required for award of the Armed Forces Reserve Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150005818 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 AR20150005818ABCMR Record of Proceedings (cont) AR20150005818 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2