| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Ms. Celia L. Adolphi | Chairperson | |
| Mr. Curtis L. Greenway | Member | |
| Mr. Donald P. Hupman, Jr. | Member |
APPLICANT REQUESTS: In effect, that his military records be corrected to show the rank of corporal.
APPLICANT STATES: In effect, that all personnel assigned to the mortar squadron were ensured they would be promoted to corporal the day they entered combat. He states that his constant movement in the European Theatre of Operations may have kept his promotion from entering his records. He further states that he is a combat veteran and is entitled to the pay and promotion to the rank of corporal. In support of his application he submits a copy of his honorable discharge certificate, a copy of his Enlisted Record and Report of Separation (WD AGO Form 53-55), a copy of his Separation Qualification Record, and a copy of the orders awarding him the Purple Heart.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973. The information herein was gleaned from a copy of the applicant’s WD AGO Form 53-55 and the other military documents he submitted with his application.
His separation document shows that on 17 June 1942, he was inducted into the Army of the United States. He was trained as a rifleman and served overseas for 7 months and 28 days. In addition, he was awarded the European-African- Middle Eastern Campaign Medal, the Good Conduct Medal, the Purple Heart (PH), the World War II Victory Medal, and the Combat Infantryman Badge.
On 10 December 1945, he was discharged from the Army in the rank of private (Pvt). Item 3 (Grade) and Item 38 (Highest Grade Held) of the applicant’s
WD AGO 53-55 both contain the entry “Pvt”. In addition, the honorable discharge certificate, Separation Qualification Record, and orders he provided all show his rank as Pvt.
Army Technical Manual 12-235 prescribed the policy and procedure for preparing separation certificates and documents for enlisted personnel discharged, relieved from active duty, or transferred to a Reserve component. Section VI, paragraph 24, stated that the grade held at the time of separation would be entered on the separation certificate and associated documents.
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 available documents clearly show that the rank listed in block 3 of the applicant’s WD AGO 53-55 was properly entered in accordance with the applicable regulation in effect at the time.
2. While the Board wishes to congratulate the applicant on his outstanding World War II service, it finds insufficient evidence to show he was promised a promotion to corporal. Therefore, the Board is regrettably compelled to conclude relief is not warranted in this case.
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
___CLA__ __CLG__ __DPH__ DENY APPLICATION
| CASE ID | AR2001057338 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2001/09/11 |
| 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. | 129.05 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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