| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Senior Analyst |
| Ms. Joann Langston | Chairperson | |
| Mr. Mark D. Manning | Member | |
| Mr. Jose A. Martinez | Member |
APPLICANT REQUESTS: In effect, that his rank of “Sergeant T4” be restored and that he be advanced to the rank of “Staff Sergeant.” He also requests any back pay associated with those grades.
APPLICANT STATES: In effect, that he was inducted into the Army and “immediately became a cook.” He notes that he “rose to be the 1st Cook” and was promoted to the rank of “Sergeant T4” prior to being deployed overseas. While overseas the applicant indicated that he performed duties as the “acting mess sgt” and contends that he should have been promoted to the rank of Staff Sergeant. The applicant states that once the war in Europe ended his unit members were authorized “a ten day furlough….” However, his request for leave was denied by his unit commander who told him “he needed to stay put as he had no one to take over [his] duties.” The applicant indicated that he wanted to see his “blood brother” who was in Italy. The applicant then left Munich, Germany enroute to Italy. However, because of weather problems he never got any further than Paris and when he returned to his unit he was reduced in rank to private.
He states that he has seen other veterans receive their Purple Hearts and Unit Citations 30 or 40 years later and believes his “case is also justifiable….” In support of his request he submits statements from two individuals who served with him during World War II and indicate that the applicant is entitled to have his rank restored.
EVIDENCE OF RECORD: The applicant's military records were not available. Although the applicant was informed, in April 2001, that his “records are currently in use at another agency,” in all likelihood they were destroyed during the 1973 fire at the National Personnel Records Center. A July 2001 letter from the Nation Personnel Records Center informed the applicant of that possibility. Information contained herein was reconstructed from alternative sources and information provided by the applicant.
The applicant was inducted on 4 February 1943 and entered active duty on
11 February 1943. In correspondence to the Board, the applicant indicates he departed the United States enroute to Europe in December 1944. This information is confirmed in item 26 (service outside continental U.S. and return) of the applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation).
The applicant remained overseas until January 1946 when he returned to the United States and was discharged as a result of demobilization on 22 January 1946. His WD AGO Form 53-55, which he authenticated with his signature and thumb print, indicates that the highest grade he held while on active duty was “T/4” and that he was separated as a private.
His final payment voucher, which he also authenticated, indicates his rank at the time of separation was private.
The two letters, submitted by the applicant in support of his request, were authored in 2001. Both individuals indicated that they served with the applicant during World War II, but neither individual stated that they were witnesses to the events which resulted in the applicant’s reduction from “Sergeant T4” to private.
In 1920 the Army’s number grades was reduced to six pay grades; Master Sergeant (First Grade), Technical Sergeant/First Sergeant (Second Grade), Staff Sergeant (Third Grade), Sergeant (Fourth Grade), Corporal (Fifth Grade), and Private (Sixth Grade). The grades of technician in the third, fourth and fifth grades were added by War Department Circular Number 5, date 8 January 1942.
Change 1 to AR 600-35, dated 4 September 1942, added a letter "T" to the formerly prescribed chevrons for grades three, four and five.
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 evidence clearly indicates that the highest grade the applicant held while on active duty was that of “Sergeant T4.” While the applicant states that he performed duties at a higher grade level, there is no evidence that he was ever recommended for, or promoted, to the grade of Staff Sergeant.
2. The Board notes that there has never been a requirement to promote soldiers simply because they may have been performing duties in positions authorized a higher grade level.
3. The applicant admits that he was reduced to private when he departed on leave after being denied leave by his commander. While the applicant may not have agreed with his commander’s rational for denying leave, the fact remains that the applicant admits that he disobeyed his commander. As such the Board contends the applicant’s commander was well within his authority to reduce the applicant and there is no evidence of error or injustice in this case.
4. 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 that requirement.
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
__JL____ __MDM__ __JAM __ DENY APPLICATION
| CASE ID | AR2001059632 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20011011 |
| 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. | 112.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2011 | 20110014209
The applicant requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show his rank as technician fourth grade. The applicant's military records are not available to the Board for review. The evidence of record shows the applicant served in an active duty status from 21 November 1942 to 14 July 1945.
ARMY | BCMR | CY2012 | 20120018390
The applicant requests reconsideration of her original request that the WD AGO Form 53-55 (Enlisted Records and Report of Separation - Honorable Discharge) of her deceased husband, a former service member (FSM), be corrected to show his grade as that of a sergeant (Sgt) or staff sergeant (S/Sgt) instead of Technician Third Class (T/3). His WD AGO Form 100 (Separation Qualification Record) shows he held the grade of private first class for 7 months and the grade of T/3 for 10 months. The...
ARMY | BCMR | CY2012 | 20120011335
The applicant, the son of a deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable) to show his grade as Technical Sergeant (T/Sgt) instead of "PFC" (Private First Class). All enlisted and noncommissioned ranks were reduced from 128 different insignias and several pay grades to only seven rank insignias and seven pay grades, which were numbered in seniority from 1st Grade (highest) to 7th Grade (lowest). ...
ARMY | BCMR | CY2009 | 20090003047
IN THE CASE OF: BOARD DATE: 2 June 2009 DOCKET NUMBER: AR20090003047 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests reconsideration of the Army Board for Correction of Military Records (ABCMR) decision of 24 April 2001 by correction of his WD AGO Form 53 (Enlisted Record and Report of Separation Honorable Discharge) by showing award of the Army Good Conduct Medal, showing he was a grade 4 sergeant (SGT) or technician fourth grade, and showing his date of birth (DOB)...
ARMY | BCMR | CY2011 | 20110020023
The applicant, the widow of a deceased former service member (FSM), requests the FSM's grade be changed from "T/3" [Technician Third Grade] to "Sergeant." There is no evidence in the available records which shows the FSM held the rank of "Sergeant" prior to his discharge on 29 August 1946. All enlisted and noncommissioned ranks were reduced from 128 different insignias and several pay grades to only 7 rank insignias and 7 pay grades, which were numbered in seniority from 1st Grade...
ARMY | BCMR | CY2012 | 20120021730
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show: * his rank as sergeant (SGT) vice private first class (PFC) * award of the Bronze Star Medal 2. The applicant's complete military records are not available for review. Unfortunately, there are no orders in his reconstructed record that show he was promoted or appointed to SGT.
ARMY | BCMR | CY2014 | 20140001533
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, retroactive promotion to sergeant and correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show his rank as sergeant. The applicant's complete military records are not available for review.
ARMY | BCMR | CY2004 | 040007727C070208
RECORD OF PROCEEDINGS IN THE CASE OF BOARD DATE: 9 JUNE 2005 DOCKET NUMBER: AR20040007727 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. There is no evidence, and the applicant has not provided any compelling evidence that he was promoted to the rank of Sergeant (fourth pay...
ARMY | BCMR | CY2003 | 2003087722C070212
The Board considered the following evidence: The Board considered the applicant’s request for promotion in rank from Staff Sergeant to Technical Sergeant and the documents which he submitted in support of his claim. The Board noted The American Legion Magazine article which stated, in effect, that the Army granted all prisoners of war a one-grade promotion, retroactive to the day they were captured.
ARMY | BCMR | CY2005 | 20050000065C070206
There are no additional documents in the available records which show the applicant received a promotion to the rank of Technician 4th Grade (Sergeant). The applicant’s properly constituted separation document confirms he held the rank of Technician Fifth Grade on the date of his separation, and that this was the highest rank he attained while serving on active duty. As a result, there is an insufficient evidentiary basis to support granting the requested relief.