IN THE CASE OF:  	  

		BOARD DATE:  15 January 2015	  

		DOCKET NUMBER:  AR20140007770 


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 promotion to second lieutenant (2LT).

2.  The applicant states he was assigned and performed the duties of a noncommissioned officers (NCO) and a 2LT but was never given the promotions. When his unit arrived in Europe there had been so many casualties they were reassigned to infantry duties.  He was called upon to perform the duties of both an NCO and as a 2LT Platoon Leader as well as serving as a radioman. 

3.  The applicant provides copies of –

* a self authored letter
* his WD AGO Form 53-55 (Enlisted Record and Report of Separation)
* 4-page post service work record
* a newspaper clipping reporting him being wounded on 4 April 1945

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 service records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed personnel records and documents provided by the applicant.

3.  The applicant served on active duty from 24 November 1943 through 9 November 1945 in the military occupational specialty 114 (Machinist).

4.  He served in Europe from 27 June 1944 through 28 May 1945 with Company G, 333rd Regiment, 84th Division.

5.  The applicant received multiple wounds on 8 April 1945 and was discharged with a Certificate of Disability Discharge on 9 November 1945.

6.  His WD AGO 53-55 shows he was released from active duty as a private first class (PFC), pay grade E-3. 

7.  Army Regulation 15–185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR).  In pertinent part, it states that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  The ABCMR will decide cases based on the evidence of record.  It is not an investigative body.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has not provided and the record does not contain any evidence that he was ever considered for promotion to any pay grade above PFC.  

2.  There is no documentation to support the applicant's contention and no rational to support the implied conclusion that those alleged circumstances would warrant the requested relief.

3.  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:

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)                                         AR20140007770



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ABCMR Record of Proceedings (cont)                                         AR20140007770



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