| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Mr. Thomas B. Redfern | Chairperson | ||
| Ms. Linda D. Simmons | Member | ||
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: In effect, that his military records be corrected to show the rank of technician 5th Grade (Tec 5).
APPLICANT STATES: In effect, the rank of technician 4th Grade (Tec 4) listed on his separation document (WD AGO Form 53-55) is incorrect. In support of his application, he submits a copy of his WD AGO Form 53-55 and a Letter of Commendation.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant’s military records were lost or destroyed in a fire at the National Personnel Records Center in 1973. The information herein was gleaned from a copy of his WD AGO Form 53-55 and the other documents submitted with the application.
The applicant’s WD AGO Form 53-55 confirms that he was inducted into the Army of the United States on 3 May 1945, and that he continuously served on active duty for 1 year, 7 months, and 19 days until being honorably separated on 20 December 1946. Item 3 (Grade) of this document contains the entry Tec 4 indicating that he held the rank of PFC on the date of his separation. Item 38 (Highest Grade Held) contains the entry Tec 4, which indicates that the highest rank he attained, held, and served in while on active duty was Tec 4.
The separation document also confirms that the applicant served in the Pacific Theater of Operations (PTO), from 31 October 1945 to 18 October 1946. Item 33 (Decorations and Citations) shows that he earned the following awards during his active duty tenure: Army Commendation Ribbon; Asiatic Pacific Theater Ribbon; World War II Victory Medal; Good Conduct Medal; and Army Of Occupation Medal (Japan).
The applicant provided a Letter of Commendation, dated 19 July 1946, signed by the Commanding General of the 1st Cavalry Division. The rank shown in this document for the applicant was Tec 5.
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. In addition, the regulation provided for entering the highest grade attained, held, and served in on active duty in Item 38 (Highest Grade Held) of the WD AGO 53-55. In the grade structure in effect at the time of the applicant’s discharge, the Tec 4 grade was comparable to a sergeant and was one grade higher than Tec 5, which was comparable to a corporal.
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 Board notes the applicant’s contention that his military records be corrected to show the rank of Tec 5. However, it finds there is insufficient evidence to support the requested relief, and that such relief would in fact result in the applicant being awarded a lower grade than is currently listed in his separation document.
2. The available evidence does includes a properly constituted WD AGO Form 53-55, which was issued to and signed by the applicant on the date of his release from active duty. This document confirms that the applicant held the rank of
Tec 4 on that date, and that this was the highest rank he attained, held, and served in while on active duty.
3. Under the enlisted grade structure in effect at the time of the applicant’s discharge, the grade Tec 4 was comparable to a sergeant and was in fact one grade higher than Tec 5, which was only comparable to a corporal. Thus, approval of the applicant’s request would in fact result in his being reduced one grade. Under the Board’s current policy, it will not take action that results in a negative outcome for the applicant.
4. 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
___jm___ ___lds___ ___tbr __ DENY APPLICATION
| CASE ID | AR2003083888 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/05/01 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 307 | 129.0500 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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