Mr. Carl W. S. Chun | Director | |
Mr. William Blakely | Analyst |
Ms. Irene W. Wheelwirght | Chairperson | |
Mr. Fred N. Eichorn | Member | |
Ms. Gail J. Wire | Member |
APPLICANT REQUESTS: In effect, that his military records be corrected to show the rank of corporal and that he be paid all monies to which he is entitled.
APPLICANT STATES: In effect, that he was promised by his unit commander that he would be a promoted to corporal and he is unsure if he was paid all the money to which he was entitled at the time of his separation from the Army.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant’s military records were lost or destroyed in the fire that occurred at the National Personnel Records Center in 1973. The information herein was gleaned from a copy of the applicant’s Enlisted Record and Report of Separation (WD AGO Form 53-55).
The applicant’s separation document shows he was inducted into the Army of the United States on 6 January 1942 and served on active duty until being honorably separated on 14 February 1946. This document also shows that on the date of his separation he held the rank of private first class and that this was the highest rank he attained while on active duty. The separation document also confirms he was trained as clerk typist and served overseas for 1 year, 2 months and
28 days. In addition, it lists the following awards he earned during his active duty tenure: American Campaign Medal; Good Conduct Medal; and
European-African-Middle Eastern Campaign Medal with four bronze stars.
The available evidence also includes a copy of the applicant’s final pay voucher showing the amount of money he was paid at the time of his separation. It confirms he was paid $140.85 after all debts were satisfied and he signed this document, thereby, confirming his acceptance of this amount.
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 WD AGO Form 53-55 issued to and verified by the applicant with his signature on the date of his separation confirms that the highest rank he attained while on active duty was private first class. Lacking any evidence to the contrary, the Board is compelled to deny his requested promotion to corporal.
2. The Board finds no evidentiary basis on which to support the applicant’s claim that he was not paid all the money to which he was entitled at separation. On
14 February 1946, he acknowledged that he was paid all money due upon his separation by signing the Army’s final payment roll voucher, thereby, confirming he received all final monetary compensation to which he was entitled at that time.
3. 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
__INW___ __FNE__ __GJW__ DENY APPLICATION
CASE ID | AR2001057251 |
SUFFIX | |
RECON | YYYYMMDD |
DATE BOARDED | 2001/08/09 |
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. 128.00 | |
3. | |
4. | |
5. | |
6. |
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