IN THE CASE OF:	  

		BOARD DATE:	  22 February 2011

		DOCKET NUMBER:  AR20100022203 


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 rank to show technical sergeant (T/SGT).

2.  The applicant states he was promoted to T/SGT on 1 September 1945.

3.  The applicant provides a letter dated 1 September 1945 with his request.

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 National Personnel Records Center (NPRC) reconstructed record for the Board to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records that primarily consist of the applicant’s partially legible WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), WD AGO Form 100 (Separation Qualification Record), and the evidence he provides.

3.  The applicant’s WD AGO Forms 53-55 and WD AGO Form 100 show he was inducted into the Army of the United States and entered active duty on 5 May 1943.  These documents also show he was honorably separated on 24 October 1945 in the rank of staff sergeant (S/SGT) after completing 2 years, 5 months, and 20 days of active service. 

4.  The applicant's WD AGO Form 53-55, item 3 (Grade) shows "S/Sgt" and 
item 38 (Highest Grade Held) shows "Staff Sergeant."

5.  The applicant provides an Assistant Adjutant General, Headquarters, Fourth Service Command, letter dated 1 September 1945, which shows he was temporarily appointed to the rank of T/SGT on 1 September 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his WD AGO Form 53-55 should be corrected to show his rank as T/SGT was carefully considered and found to have merit.  

2.  The available evidence shows the applicant held the rank of T/SGT at the time of separation from active duty, as evidenced by the letter he provides.  Therefore, it would be appropriate and in the interest of justice to grant the applicant relief by correcting item 3 and Item 38 of his WD AGO Form 53-55 by listing his rank as "T/SGT."

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: 

   a.  deleting "S/SGT" from item 3 of his WD ADGO Form 53-55 and adding "T/SGT 1 SEP 45"; 
   
   b.  deleting from item 38 the entry "Staff Sergeant" and adding "Technical Sergeant"; and
   
   c.  issuing him a document to reflect these changes.




      ___________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)                                         AR20100022203



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100022203



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1