ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                   IN THE CASE OF:

                   BOARD DATE:  7 January 2019 

                   DOCKET NUMBER:  AR20160013056


APPLICANT REQUESTS:  Reconsideration of his earlier requests to correct his records to show:

* his rank as major (MAJ)
* he served with the Office of Strategic Services (OSS)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* 25 self-authored statements
* excerpt of Record of Proceedings, Docket Number AR20150009705
* WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge)
* Wikipedia excerpt of OSS
* Wikipedia except of the Central Intelligence Agency (CIA)
* Letter to his Congressional Representative

FACTS:

1.  Incorporated herein by reference are military records which were summarized in the previous considerations of the applicant's cases by the Army Board for Correction of Military Records (ABCMR) in:

* Docket Number AR20110008254 on 13 October 2011
* Docket Number AR20120016929 on 23 May 2013
* Docket Number AR20150009705 on 7 June 2016

2.  The applicant states:

* in the past OSS was substituted by the Enlisted Reserve Corps (ERC)
* this is the only problem in changing his rank from private first class (PFC) to MAJ, with pay adjustments
* in his discharge document, it clearly shows he was in military training for nine months and it is standard practice that three months warrants the rank of first lieutenant, six months warrants the rank of captain, and 9 months warrants the rank of MAJ
* he received two years of college credit
* the OSS training was intensive for eight hours a day with a tutor
* the ERC was really for the draft dodgers and individuals received two salary checks one from their current job and the second from the ERC, a double dipper
* he is very proud of his work as communications commander on the Ledo Road for two years
* in one month, he earned a unit citation from a general officer for no fatalities and no open phone lines
* he was in the 3199 Signal Combat Battalion and possibly should have earned the rank of colonel

3.  The applicant provides:

	a.  An excerpt of a previous ABCMR case in which he handwrites the change from ERC to OSS in item 55 (Remarks) of his WD AGO 53-55.

	b.  25 self-authored statements, in which he summarizes his time with OSS, service on Ledo Road, Burma as a communications commander, and his concerns with his case being with the ABCMR for several years.

	c.  A Wikipedia article on OSS, which states that it was an intelligence agency formed during World War II.  It was the predecessor of the CIA.

	d.  A Wikipedia article on CIA, which states that it is an intelligence agency that reports directly to the Director of National Intelligence.

	e.  A letter to his Congressional Representative, in which he summarizes his time with OSS and requests assistance from the ABCMR.

4.  A review of the applicant’s service records shows the following:

	a.  He enlisted in the ERC on 11 December 1942 and served in the ERC from 
11 December 1942 to 27 August 1943.  He was ordered to active duty on 28 August 1943 in the rank of private.

	b.  He served in the Pacific Theater of Operations from 31 March 1944 to 16 January 1946.

	c.  He was honorably discharged on 20 February 1946 for the convenience of the government in the rank of PFC.

	d.  His WD AGO Form 53-55 shows in:
* item 3 (Grade), PFC
* item 4 (Arm or Service), Sig C (i.e. Signal Corps)
* item 6 (Organization), Company C, 835th Signal Service Battalion
* item 7 (Date of Separation), 20 February 1946
* item 24 (Date of Entry into Active Service), 28 August 1943
* item 30 (Military Occupational Specialty and No.), Wire Chief Telephone 261
* item 32 (Battles and Campaigns), Burma, Central Burma
* item 33 (Decorations and Citations): 4 overseas service bars, American Campaign Medal, Asiatic-Pacific Campaign Medal with two bronze battles stars, Good Conduct Medal, Distinguished Unit Badge, and World War II Victory Medal
* item 39 (Prior Service), None
* item 41 (Service Schools Attended), None
* item 55, ERC time from 11 December 1942 to 27 August 1943

5.  By regulation:

	a.  Appointment to a commissioned officer requires that the individual complete officer candidate school or of a school or resident course of instruction recognized by the War Department as qualifying them for a commission, unless recommendation for appointment is processed through the War Department for approval.

	b.  The guidance for entry in item 6 of the WD AGO Form 53-55 concerning the organization was to enter the last technical or administrative and tactical unit, or similar element to which assigned.

BOARD DISCUSSION:

After reviewing the application and all supporting evidence, the Board found that relief was not warranted.  The Board found no evidence submitted by the applicant or within his military service record to show he served in any position above Private First Class.  Additionally, there is no evidence that the applicant ever attended and graduated from Officer Candidate School, a requirement to serve in the officer ranks.  

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis to amend decisions of the ABCMR set forth in Docket Numbers AR20110008254 on 13 October 2011, AR20120016929 on 23 May 2013, and AR20150009705 on 7 June 2016.

						___________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.


REFERENCES:

1.  War Department Technical Manual 12-236 (Preparation of Separation Forms) provided that the appropriate separation form would be prepared for all enlisted personnel separated from the service by reason of discharge, retirement, or release from active duty or transfer to a Reserve Component.  This manual stated for:

* item 3, enter grade held at time of separation
* item 4, enter arm or service in which detailed at time
* item 6, enter the last technical or administrative and tactical unit, or similar element to which he was assigned, rather than the element of which he was a part while moving to a disposition center, reception station, or separation center
* item 7, enter date separated from the service
* item 24, date of entry on current tour of active duty
* item 30, military occupational specialty (MOS) will be the same as the MOS listed on the WD AGO Form 100
* item 32, enter battles or campaigns as authorized
* item 33, decorations or citations and authority for each
* item 39, enter prior active Federal Service
* item 41, see service record, page 4 and WD AGO Form 20
* item 55, enter periods of inactive service in ERC

2.  Army Regulation (AR) 605-10 (Commissioned Officers – Officers Appointed in the Army of the United States) governed appointments made in the Army of the United States.  This regulation in effect in 1942 stated in section II:

	a.  Paragraph 7 (Qualifications for initial appointment) provided that normally, applicants for initial appointment will be required to qualify as to military and nonmilitary education under the standards established for appointment to corresponding grade in the Officer’s Reserve Corps, except that military and nonmilitary educational requirements may be waived in whole or in part upon recommendation of the arm or service concerned.  Enlisted men and warrant officers of the Army who are not graduates of officer candidate schools, or of a school or resident course of instruction recognized by the War Department as qualifying them for a commission and who are not former officers will not be appointed unless:

		(1)  Upon appointment the appointee has passed his thirtieth birthday.  Exceptions may be made where the individual possesses a scarce category of specialized skill in which not enough trained men are available to fill the needs of the armed forces at the time required, provided the individual meets all other requirements.

		(2)  Recommendation is accompanied by satisfactory evidence that the individual possesses special ability of a technical or professional nature qualifying him for duty as a commissioned officer in the particular assignment for which he is recommended.
		(3)  His Army General Classification Test score is 110 or higher.

		(4)  Recommended individual is in the active military service of the United States and has completed more than 4 months active military service immediately preceding recommendation for appointment.

		(5)  Recommended by a board of officers appointed by the regimental or corresponding higher commander for the purpose of conducting an appropriate examination.

	b.  Paragraph 10 (Applications for appointment) provided that except for graduates of officer candidate schools, applications for initial appointment in the Army of the United States will be submitted and processed as follows:

		(1)  Form of application – WD AGO Form 850 and 850-1 (Personnel Qualifications Questionnaire).

		(2)  Accompanying papers – each application for appointment will be accompanied by:

* report of physical examination
* a statement that the recommended appointee is or is not a Selective Service registrant
* if a Selective Service registrant, a certificate from the appointee’s local board giving his Selective Service classification, and certifying that his induction has or has not been ordered
* if an enlisted man or warrant officer, evidence that he meets the requirements
* a statement by the recommending authority as to the specific assignment or duty for which the appointment is desired, and indicating the approved procurement objective under which appointment is authorized

		(3)  How forwarded – applications, with accompanying papers will be forwarded through military channels to the Officer Procurement Service, War Department, Washington, DC.

		(4)  Final action – final action after receipt of papers by the Officer Procurement Service will be in accordance with the current instructions to that Service.

3.  According to the U.S. Army Center of Military History, an officer is defined as "a person lawfully invested with military rank and authority by virtue of a commission issued him by or in the name of the sovereign or chief magistrate of a country.  Officers are known as "commissioned officers" as they hold a commission for their rank.  A commission is the word used to describe the piece of paper giving them rank and status.  They are officers and gentlemen by act of Congress.  The U.S. Constitution gives the Congress "the power.to provide for the common defense.to raise and support Armies."  The most common method of commissioning in World War II was OCS.  These were branch specific Army training schools that took in a civilian or enlisted man and, after approximately 90 days, turned out a second lieutenant.  

ABCMR Record of Proceedings (cont)	 AR20160013056


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