DOCKET NUMBER:  AR20090015226 


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 Honorable Discharge Certificate issued on 17 November 1948 to show his rank as sergeant first class.

2.  The applicant states that he wants his discharge certificate corrected so that his tombstone shows his highest rank served.

3.  The applicant provides, in support of his application, copies of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge); Honorable Discharge Certificate, dated 17 November 1948; and a picture of a display showing his rank, awards, unit insignia, and a photograph of himself in uniform.

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 for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows that he was inducted into the Army of the United States.  He entered active duty on 13 November 1942.  On 
18 November 1945, he was separated in the rank of technical sergeant.

4.  Effective 1 August 1948, the rank of technical sergeant was re-designated as sergeant first class.

5.  The applicant's Honorable Discharge Certificate, issued on 17 November 1948, shows that the applicant enlisted in the United States Army Reserve (USAR) on 18 November 1945 and was discharged on 17 November 1948, in the rank of "SGT 1Cl" (sergeant first class).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his Honorable Discharge Certificate, dated 
17 November 1948, should be corrected to show his correct rank.

2.  The available evidence shows that the applicant was a sergeant first class at the time of his discharge in 1948.  Therefore, his discharge certificate should be reissued to clearly show his rank as "Sergeant First Class."

BOARD VOTE:

___x_____  __x______  __x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 him a new Honorable Discharge Certificate showing his rank as "Sergeant First Class" at the time of his discharge on 17 November 1948.



      __________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)                                         AR20090015226



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ABCMR Record of Proceedings (cont)                                         AR20090015226



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