IN THE CASE OF:	  

		BOARD DATE:	  7 July 2011

		DOCKET NUMBER:  AR20110012699 


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 the military records of his father, a former service member (FSM), to show he was promoted to the rank of captain/pay grade O-3.

2.  The applicant states he does not have his father's discharge papers and the National Personnel Records Center could only find a Certification of Military Service that shows the FSM was released from active duty as a first lieutenant.  The applicant states the family would like to obtain a gravestone with his father's proper rank to accurately honor his memory.

3.  The applicant provides:

* his birth certificate
* the FSM's Honorable Discharge Certificate, dated 26 February 1942
* Army Service Forces Command, First Service Command, Fort Devens, MA, Special Orders Number 106, dated 26 December 1945
* an undated War Department Separation Center, First Service Command, memorandum
* the FSM's Certification of Military Service, dated 27 April 2010
* a letter from the FSM to the Veterans Administration, dated 22 April 1946
* the FSM's death certificate


CONSIDERATION OF EVIDENCE:

1.  The applicant's service personnel records were lost or destroyed in a fire at the National Personnel Records Center in 1973.  The records available to the Army Board for Correction of Military Records were provided in part by the applicant and obtained from alternate sources and are sufficient for the Board to conduct a fair and impartial review of this case.

2.  National Archives and Records Administration Form 13038 (Certification of Military Service), dated 27 April 2010, shows the FSM entered active service on 25 November 1942.  He had previous enlisted service; however, there are insufficient records available to determine the length of that service.  The form indicates he was honorably released from active duty on 24 January 1946 in the rank of first lieutenant.

3.  Army Service Forces First Service Command, Fort Devens, MA, Special Orders Number 106, dated 26 December 1945, announced the FSM's promotion to captain/pay grade O-3 with an effective date and date of rank of 26 December 1945.

4.  The memorandum from the Separation Center stated officers having held the grade of first lieutenant for 18 months would be promoted one grade on the first day of their terminal leave.  The memorandum further states candidates for promotion under this policy may decline to accept promotion and captains eligible who decline in order to collect mustering-out pay would be reported to the Adjutant General for promotion on the day after reverting to inactive status.

5.  War Department (WD) Form Number WD 384 (Officers' Pay, Allowance, and Mileage Voucher), line 21 (Mustering Out), shows the FSM was paid $300.00 in mustering-out pay.

DISCUSSION AND CONCLUSIONS:

1.  The Form Number WD 384 shows the FSM received mustering-out pay.  Therefore, based on the criteria provided in the separation center memorandum it is reasonable to conclude he declined the promotion to captain in order to receive that pay.

2.  In view of the above and based on the criteria set forth in the memorandum, the FSM would have been promoted to captain effective 25 January 1946, the day after he reverted to inactive status.

3.  Therefore, it is appropriate to issue a certificate showing the FSM was promoted to the grade of captain with an effective date of 25 January 1946.

BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing a certificate showing the FSM was promoted to captain effective 25 January 1946.



      ___________XXX______________
       	     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.

ABCMR Record of Proceedings (cont)                                         AR20110012699



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ABCMR Record of Proceedings (cont)                                         AR20110012699



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