| Mr. Carl W. S. Chun | Director | |
| Mr. Joseph A. Adriance | Analyst |
| Mr. Raymond J. Wagner | Chairperson | |
| Ms. Barbara J. Ellis | Member | |
| Mr. John P. Infante | Member |
APPLICANT REQUESTS: In effect, that his record and specifically his separation documents (WD AGO Form 53-55 & WD AGO Form 100) be corrected to properly credit him with the proper rank and other specific accomplishments that were erroneously omitted from these documents.
APPLICANT STATES: In effect, that there were several errors in his separation qualification record that he would like corrected. He claims that he did not receive credit for conducting driver’s license training; being qualified in the
45. Caliber pistol and Carbine Rifle; and serving as a Mess Sergeant, for which he should have been promoted to sergeant or a higher rank. He finally comments that he is now 73 years old, has medical problems, and would appreciate the Board to evaluate his claim as soon as possible.
EVIDENCE OF RECORD: The applicant’s military records were 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 in that fire.
The available evidence does include a WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), which was issued to and authenticated by the applicant with his signature on the date of his separation. This document verifies that he entered active duty on 2 April 1946 and served until being honorably discharged on 24 April 1947.
The WD AGO 53-55 also confirms that he held the rank of Technician Five
(Tec 5) on the date of his separation and that this was the highest rank he held while serving on active duty. It also shows he held military occupational specialty (MOS) 014 (Automotive Mechanic) and was qualified as a Marksman with the
M-1 Rifle. Finally, this document confirms that he served in the Pacific Theater of Operations (PTO) from 28 August 1946 to 7 March 1947 and that during his active duty tenure he earned the Philippines Independence Ribbon and World War II Victory Medal.
There is also a WD AGO Form 100 (Separation Qualification Record) on file that shows the applicant’s military occupational assignments, which includes service in both MOS 824 (Mess Steward) and 014 (Automotive Mechanic). This document also confirms that the applicant’s grade was Tec 5 on the date of his separation and his final payment worksheet (WD Form 372A) confirms that he received his final pay in that grade. The applicant signed this final pay worksheet, in effect, verifying the validity and of his final pay.
Army Regulation 15-185 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). Paragraph 2-9 (Burden of proof) states, in pertinent part, that the ABCMR begins its consideration of each case with the presumption of administrative regularity and that the applicant has the burden of proving an error or injustice by a preponderance of the evidence.
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 applicant’s service record is believed to have been destroyed in a fire at the National Personnel Records Center in 1973. However, the available evidence does include a properly constituted WD AGO Form 53-55, WD AGO 100, and WD 372A.
2. The applicant signed both the WD AGO 53-55 and the WD 372A on the date of his separation, thereby, verifying the information contained therein. Lacking any independent evidence to the contrary, the Board presumes administrative regularity in the applicant’s separation processing and in his separation documents.
3. The Board does not contest the veracity of the statements/contentions made by the applicant and further wishes to congratulate him on his outstanding record of military service. However, there is no suggestion that he ever addressed the issues he now raises during his separation processing or that he contested any of the information contained in his separation documents at the time they were issued.
4. Further, the passage of time, some 50 years after his separation, makes it extremely difficult to verify the claims of error he now makes. Thus, the Board is compelled to conclude the applicant has failed to meet the regulatory burden of proof necessary to show error or injustice and finds no basis for relief.
5. 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
__ RJW _ __BJE __ __JPI___ DENY APPLICATION
| CASE ID | AR2001057006 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2001/08/02 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 1947/04/24 |
| DISCHARGE AUTHORITY | AR 1-1 |
| DISCHARGE REASON | Demobilization |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 1021 | 100.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2004 | 20040011089C070208
The applicant’s military records are not available to the Board for review. The FSM’s WD AGO Form 100 indicates that he held the rank of PFC at the time he was separated. The policy in effect at the time provided for entering the rank a member held on the date of separation in Item 3 and the highest rank a member held in Item 38 of the WD AGO Form 53-55.
ARMY | BCMR | CY2013 | 20130007776
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show he was awarded the: * Combat Medical Badge * Bronze Star Medal (presumably based upon award of the Combat Medical Badge) * Presidential Unit Citation 2. He served as a combat medic assigned to Company B, 2nd Medical Battalion, 23rd Infantry Regimental Combat Team, 2nd Infantry Division during World War II. The applicant's available record is void of any...
ARMY | BCMR | CY2012 | 20120022849
Application for correction of military records (with supporting documents provided, if any). 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. _______ _ X ______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...
ARMY | BCMR | CY2011 | 20110004499
The document in use at the time of the applicant's discharge was the WD AGO Form 53-55. Although his WD AGO Form 100 indicates his grade at the time of separation was "TEC 3" it also shows he never served in any grade above "TEC 5." The preponderance of the available evidence indicates the error was made when an erroneous grade was entered in item 3 of the applicant's WD AGO Form 100.
ARMY | BCMR | CY2006 | 20060009059
The applicant requests, in effect, award of the Combat Infantryman Badge (CIB); and that his separation document (WD AGO Form 53-55) be corrected to show his service in military occupational specialty (MOS) 745 (Rifleman). He now requests that his WD AGO 53-55 be corrected to show he served in MOS 745 as a rifleman and that he be awarded the CIB. Further, the applicant's final WD Form 372A confirms he was not receiving combat infantry pay, which he would have had he been serving in an...
ARMY | BCMR | CY2007 | 20070011247
The applicant requests, in effect, correction of item 13 (Title-Description-Related Civil Occupation), of his WD AGO Form 100 (Separation Qualification Record), to show that he also served as a "Tank Mechanic" in addition to being an "Automotive Mechanic" and correction of item 30 (Military Occupational Specialty (MOS) and No. (Number), of his WD AGO Form 53-55 (Enlisted Record and Report of Separation), to show the entry "Tank Mechanic 660" in addition to the already-shown "Automotive...
ARMY | BCMR | CY2005 | 20050003706C070206
There are no documents in the FSM's records that show he was awarded the Mechanic Badge. Therefore, the Board accepts this evidence as sufficient to show the FSM met the qualifications for a "skilled" rating for the Mechanic Badge and therefore as sufficient evidence to show the FSM is eligible for award of the Mechanic Badge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his WD AGO Form 53-55: a. to show...
ARMY | BCMR | CY2004 | 20040005758C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 May 2005 DOCKET NUMBER: AR20040005758 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant’s military records are not available to the Board for review. The evidence of record in this case confirms the applicant was assigned to a clearing company that was part of a medical battalion and that...
ARMY | BCMR | CY2006 | 20060011320
X The Board considered the following evidence: Exhibit A - Application for correction of military records. He further states that he now requests that his WD AGO Form 53-55 be corrected to show this award of the CIB. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by showing his entitlement to 2 bronze service stars with his Asiatic-Pacific Campaign Medal; and by providing him a correction to his separation document...
ARMY | BCMR | CY2004 | 20040004484C070208
The applicant requests, in effect, that his separation document (WD AGO Form 53-55) be corrected to show his rank as Technician Five (Tec 5). The applicant’s military records are not available to the Board for review. The last official documents prepared on the applicant during his separation processing, which include his WD AGO Form 53-55 and WD AGO Form 100, both confirm he held the rank of Tec 4 on the date of his separation from active duty, and that this was the highest rank he...