| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Mr. John N. Slone | Chairperson | |
| Ms. Margaret V. Thompson | Member | |
| Mr. William D. Powers | Member |
APPLICANT REQUESTS: In effect, that his military records be corrected to show his rank as staff sergeant (SSG).
APPLICANT STATES: In effect, that the rank listed in his Enlisted Record and Report of Separation (WD AGO Form 53), dated 24 November 1948, is incorrect and should show the rank of SSG. In support of his application, he submits his WD AGO 53, a copy of his Enlisted Record and Report of Separation (WD AGO Form 53-55), dated 3 December 1945, and a copy of an Office of The Adjutant General (OTAG) letter, dated 1 April 1948, and two honorable discharge certificates.
EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center Fire of 1973. Information herein was gleaned from the applicant’s separation documents and other available documents.
A WD AGO Form 53-55 on file confirms that the applicant initially served on active duty for 3 years, 3 months, and 14 days, from 20 August 1942 to 3 December 1945, and that he was honorably released from active duty from this period of service in the rank of SSG.
On 1 April 1948, in connection with the applicant’s processing for reenlistment in the Army, a OTAG letter was published that authorized the applicant to enlist in the Regular Army in the rank of SSG and the pay grade of E-5.
A WD AGO Form 53, which documents the applicant’s service for the period 15 April 1948 through 24 November 1948, confirms that he was honorably released from this period of active duty for hardship/dependency reasons after serving just 7 months and 10 days of his enlistment. Block 3 (Grade) of this document verifies that on the date of his separation he held the rank SGT and block 38 (Highest grade held) also confirms that SGT was the highest grade he held.
On 1 August 1948, the enlisted grade structure of the Army was revised and the rank and pay grade of SSG/E-5 was changed to the rank and pay grade of SGT/E-5. This restructure did not entitle any enlisted member holding the rank title of SSG prior to the conversion to retain that rank title, be promoted to the pay grade of E-6, or to increase in pay.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The Board notes the applicant’s contention that the separation document covering his period of service from 15 April through 24 November 1948 should list his grade as SSG but finds an insufficient evidentiary basis to support this claim.
2. The available evidence confirms that in April 1948, the applicant was authorized by the OTAG to reenter the Army in the pay grade of E-5 with the authorized rank title of SSG, in effect at the time. However, in August 1948, as a result of an Army restructure of its enlisted rank structure, the applicant’s rank title was converted from SSG to SGT based on his pay grade being E-5.
3. There is no available evidence to show that the applicant ever regained the rank title of SSG based on being promoted to the pay grade of E-6 subsequent to the conversion action. Therefore, the Board concludes that the grade SGT listed in items 3 and 38 of the applicant’s WD AGO Form 53, issued on 24 November 1948, is correct.
4. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__JNS__ __ MVT __ __WDP__ DENY APPLICATION
| CASE ID | 2001055708 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2001/07/24 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 131.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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