IN THE CASE OF: BOARD DATE: 28 January 2010 DOCKET NUMBER: AR20090011466 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 his records to show he held the rank of staff sergeant (SSG). 2. The applicant states, in effect, he served in a squad leader position while in combat during World War II. He adds he was severely wounded on 24 December 1944 and it appears that his records were not updated to show he held the rank of SSG. 3. The applicant provides, in support of his application, copies of his separation qualification record and honorable discharge certificate. 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. The applicant's military service records are 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 or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) shows he was inducted into the Army of the United States on 17 December 1943, he entered active duty on 7 January 1944, and he was honorably discharged on 3 February 1946. It shows in: a. item 3 (Grade) the entry "SGT" [sergeant]; b. item 34 (Wounds Received In Action) that he was wounded in France on 23 December 1944; and c. item 38 (Highest Grade Held) the entry "SGT." 4. A WD Form 372A (Final Payment - Work Sheet) shows the applicant's net pay when he was discharged on 3 February 1946. This document also shows the applicant's rank as "SGT." 5. In support of his application, the applicant provides the following documents. a. His WD AGO Form 100 (Separation Qualification Record). Item 3 (Grade) shows the entry "Sgt." The Military Occupational Assignments section, in pertinent part, shows the applicant served 4 months in the rank of SGT in Military Occupational Specialty (MOS) 745 (Squad Leader) and 7 months in the rank of SGT in MOS 821 (Supply Noncommissioned Officer); and b. His Army of the United States, Honorable Discharge Certificate, which shows he was discharged on 3 February 1946 in the rank of sergeant. 6. There is no evidence available that shows the applicant was promoted to the rank of SSG or that he served in a SSG position. 7. War Department Technical Manual (TM) 12-235 (Enlisted Personnel - Discharge and Release from Active Duty), dated January 1945, provides uniform procedures in discharging or releasing personnel from active duty. The instructions for completing the WD AGO Form 53-55 states that the form is completed from the Service Record, Soldier's Qualification Card, Immunization Register, and information ascertained by interview with the dischargee. The instructions for item 3 state to enter the grade held at time of separation and for item 38 to enter the highest grade in current period of active duty. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his records should be corrected to show he held the rank of SSG because he served in a squad leader position, but his records were not updated because he was severely wounded and medically evacuated. 2. Records show the applicant served 4 months as a squad leader and the rank he held at the time was SGT. 3. There is no evidence in the applicant's available military service records that show he served in a SSG position or held the rank of SSG. 4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X__ ____X___ ___X____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. _______ _ 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. ABCMR Record of Proceedings (cont) AR20090011466 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090011466 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1