| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Ms. Barbara J. Ellis | Member | |
| Mr. Ronald E. Blakelllly | Member |
APPLICANT REQUESTS: In effect, that his military records be corrected to show the rank of warrant officer.
APPLICANT STATES: In effect, he was recommended and served as a warrant officer from November 1944 until his discharge in July 1945. In support of his application, he submits two witness statements.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant’s military records show that on 15 May 1941, he was inducted into the Army of the United States. He served on active duty for 4 years, 1 month and 23 days until 7 July 1945, at which time, he was honorably separated in the rank of sergeant (SGT).
The applicant’s separation document (WD AGO Form 53-55), issued to and signed by him on the date of his separation, confirms that he held the rank of SGT on the date of his separation. It also verifies that he was serving in military occupational specialty (MOS) 505 (Ammunition Noncommissioned Officer) and that he earned the Expert Infantryman Badge.
Item 38 (Highest Grade Held) of the WD AGO Form 53-55 verifies that the highest rank held applicant held while he was serving on active duty was SGT. Item 33 (Decorations and Citations) confirms that he earned the following awards during his tenure on active duty: American Defense Service Medal; Bronze Star Medal; Distinguished Unit Badge; European-African-Middle Eastern Campaign Medal with Arrowhead; and Good Conduct Medal.
The two witness statements provided by the applicant indicate that he was assigned to a position that authorized a warrant officer and recommended for promotion to that grade. However, they also verify that the applicant was never actually promoted to this rank because warrant officer ratings were temporarily frozen by higher headquarters.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and it is concluded:
1. The Board notes the applicant’s contention that his record should be corrected to show he held the rank of warrant officer. However, the Boards finds insufficient evidence to support this claim.
2. The evidence of record confirms that the highest rank to which the applicant was actually promoted and held while serving on active duty was SGT. Although the third party statements provided by the applicant verify that he served in a position authorized a warrant officer, they also confirm he was never actually promoted to that rank because warrant officer promotions were frozen.
3. While the Board wishes to congratulate the applicant on his outstanding World War II service and on his performance in a position authorized a warrant officer, this service in a position authorized a higher rank does not automatically authorize a promotion to that rank. Therefore, the Board finds there is no error or injustice related to the rank of SGT listed in the applicant’s record and it is regrettably compelled to conclude that the requested relief is not warranted.
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 this 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
__FNE___ __BJE__ __REB___ DENY APPLICATION
| CASE ID | AR2001066164 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2001067164 |
| 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. | 129.0500 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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