MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  27 April 2000
	DOCKET NUMBER:   AR1999030973

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchanon		Chairperson	
	Mr. Kenneth L. Wright		Member	
	Mr. Thomas A. Pagan		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 be promoted to Captain.

APPLICANT STATES:  In effect, that during World War II, he had enough time in grade as a First Lieutenant (1 year, 7 months, and 18 days) and had a high enough efficiency rating (42 efficiency index), that he should have been promoted to Captain before he was separated from the active Army. 

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

That he was commissioned as a Second Lieutenant Infantry Officer in the Army Reserves on 7 January 1944 and called to active duty that same day.  On 
17 January 1944, he was assigned as an Intelligence and Reconnaissance Platoon Leader, Headquarters Company, 176th Infantry.  He was transferred to the European-African-Middle Eastern Theater of Operations (EAMETO) on 
8 March 1945 and assigned as a Rifle Platoon Leader in Company I, 3rd Infantry, 106th Division, on 26 June 1944 and then a Weapons Platoon Leader in the same company on 1 July 1944.

On 1 May 1945, the applicant was recommended for promotion to First Lieutenant having successfully served in the Weapons Platoon Leader position which was authorized for a First Lieutenant and having served as a Second 
Lieutenant for 16 and 2/3rds months including time and a half credit for serving overseas since 8 March 1945.  The recommendation was approved and the applicant was promoted to First Lieutenant presumably on 1 May 1945.

The applicant departed the EAMETO on 28 December 1945 and returned to the United States on 12 January 1946.  He was relieved from active duty on 17 July 1946 by reason of demobilization.

According to Army Regulation 605-12 concerning officer promotions in effect at the time, in order for the applicant to have been promoted to Captain, he would have had to have been recommended by his commander as well as having served successfully in the position of a Captain.

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.  There is no evidence that the applicant served in the position of a Captain or that he was recommended by his commander for promotion to the rank of Captain.  Time in grade as a First Lieutenant and efficiency ratings by themselves are not sufficient grounds for promotion to Captain.

2.  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

__EB___  __KW____  __TP____  DENY APPLICATION

						Karl F. Schneider
				    Director, Army Review Boards Agency

INDEX

CASE ID	AR1999030973	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000427	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19460717	
DISCHARGE AUTHORITY	Demobilization after WWII	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.131	Promotion	
2.		
3.		
4.		
5.		
6.