IN THE CASE OF: BOARD DATE: 18 March 2010 DOCKET NUMBER: AR20090012407 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, in effect, correction to Item 3 (Grade) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) to show his rank as staff sergeant. 2. The applicant states, in effect, that while serving in the Army he was promoted to staff sergeant and his WD AGO Form 53-55 does not show his grade as staff sergeant. He also states that he received a Purple Heart and the Distinguished Unit Badge. He found an old newspaper clipping mentioning his promotion. When he was reviewing his discharge he noticed the error. 3. The applicant states he was provided a copy of the newspaper clipping as well as a copy of his discharge; however, the copy of the newspaper clipping is unreadable. 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 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, and documentation submitted by the applicant, for the Board to conduct a fair and impartial review of this case. 3. The applicant's available military records show that he was inducted into the Army of the United States on 23 March 1943 and entered active service on 31 March 1943. He completed training in military occupational specialty (MOS) 746 (Automatic Rifleman). He served overseas from 24 May 1944 to 6 February 1945. 4. The applicant was honorably discharged from active duty in the rank of private first class (PFC) on 7 December 1945 by reason of for the Convenience of the Government at Demobilization. Item 3 of his WD AGO Form 53-55 shows his rank as PFC. Item 38 (Highest Grade Held) shows the rank of PFC. 5. The applicant’s available records contain a document listing him being assigned to Detachment 1, Separation Center No. 49, on 5 December 1945. This document shows his rank as PFC. His War Department Form 372A (Final Payment - Work Sheet), for the period 1-7 December 1945, shows his rank as PFC. There is no evidence in his available service personnel records that shows he was promoted to staff sergeant prior to his separation. DISCUSSION AND CONCLUSIONS: 1. The applicant's contentions that he was promoted to staff sergeant and this rank should be shown on his WD AGO Form 53-55 have been noted. The evidence of record shows the highest rank he satisfactorily held was that of PFC. There is no evidence in the available record and none was provided by the applicant to show he was promoted to staff sergeant during his period of service or prior to his separation from the Army. It is concluded that his records and Item 3 of his WD AGO Form 53-55 are correct in properly showing his rank as PFC. 2. In view of the foregoing, there is no basis for granting the applicant's request. BOARD VOTE: ________ ________ ________ 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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _________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) AR20090013614 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090012407 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1