PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           23 January 2003
	DOCKET NUMBER:   AR2002074646

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. 		Chairperson	
	Mr. 		Member	
	Mr. 		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.  The applicant requests, in effect, that he be granted a terminal leave promotion from captain (CPT) to major (MAJ).  

3.  The applicant states, in effect, that due to the mass discharges taking place at the time and the lack of information regarding his being qualified for this promotion, he did not receive the promotion he was due and qualified for.  

4.  The applicant’s military records were not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost in that fire.  

5.  The available evidence includes a properly constituted Military Record and Report of Separation-Certificate of Service (WD AGO Form 53-98) and a Separation Qualification Record (WD AGO Form 100), which were issued to and authenticated by the applicant with his signature on 12 December 1945, the date of his separation.  

6.  The WD AGO Form 100 on file confirms that the applicant was commissioned a second lieutenant (2LT) in the Army of the United States (AUS) out of Officer Candidate School in 1942.  It also contains verification that the highest rank the applicant attained while serving on active duty was captain (CPT), and that he held and served in that grade for 33 months, as both a Tank Destroyer Unit Commander and an Assistant Headquarters Commandant.  

7.  The WD AGO 53-98 on file verifies that the applicant entered active duty as an officer on 20 June 1942, and that he served in that status until being honorably separated on 12 December 1945.  It also confirms that he served in the European Theater of Operations (ETO) from 15 October 1944 through 1 July 1945, and that he participated in the Rhineland, Ardennes, and Central Europe campaigns of World War II.  It also shows that he was awarded the 
European-African-Middle Eastern Campaign Medal with 3 bronze service stars.  

8.  War Department Circular 140, in effect at the time, provided the Army’s policy for the promotion of officers upon relief from active duty (REFRAD).  It stated, in pertinent part, that officers who had attained a minimum efficiency index of 40 or more were eligible for a one-grade promotion incident to their REFRAD.  It further indicated that a CPT who had 24 months of time-in-grade on active duty was eligible for promotion to major (MAJ), and that 50% additional credit would be given for overseas service in grade prior to 1 May 1946.  It also stated that in addition, it indicated that the efficiency index was obtained by multiplying, for each rating, the numerical value thereof by the number of months for which the rating was given and dividing the sum of these by the total number of months for which ratings were given. 

9.  War Department Circular 10, dated 11 January 1946, provided policy that provided for the individual verification of the efficiency index criteria for REFRAD promotions when the necessary evaluation or ratings forms (WD AGO Forms 
66-1, 66-2, or 66-3) were not available.  In stated, in effect, that the individual officer was permitted to certify his efficiency index when the necessary evaluation forms were not available.  In addition, while this policy did not allow for retroactive promotion or advancement on the Retired List, it did allow for promotions without entitlement to pay for those officers were eligible for REFRAD promotions, but who had been separated prior to the publication of the policy and instructions under which they qualified.  

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he was eligible for a terminal promotion upon his REFRAD, and it finds this claim has merit.  Although the specific reason for the applicant not receiving the promotion at the time is not on file, the available evidence does confirm that he more than satisfied the time-in-grade service requirement necessary to qualify for a REFRAD promotion to MAJ. 

2.  As permitted by the Army policy in effect at the time, absent the rating or evaluation forms necessary to establish the applicant’s efficiency index, the Board elects to accept his application to the Board as the applicant’s individual certification that he met the efficiency index criteria required for a REFRAD promotion.  

3.  In view of the facts of this case, the Board concludes that it would be appropriate to correct the applicant’s record to show he was promoted to MAJ on the date of his REFRAD, 12 December 1945.  However, as stipulated in the policy in effect at the time, no associated pay and/or allowances are authorized based on this promotion. 

4.  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 promoted to Major, effective 12 December 1945; and by providing him a corrected separation document that reflects this change.  

BOARD VOTE:  

__KAN__  __GJW  _  __PHM __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Kathleen A. Newman___
		        CHAIRPERSON

INDEX

CASE ID	AR2002074646	
SUFFIX		
RECON		
DATE BOARDED	2003/01/23	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1945/12/12	
DISCHARGE AUTHORITY	RR 1-5 	
DISCHARGE REASON	Demobilization	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  310	131.0000	
2.		
3.		
4.		
5.		
6.