| Mr. Carl W. S. Chun | Director | |
| Mr. Joseph A. Adriance | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | ||
| Ms. Shirley L. Powell | Member | ||
| Mr. John N. Slone | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his record be corrected to show he held the rank of staff sergeant (SSG) on the date of his separation.
2. The applicant states, in effect, that his separation document (WD AGO Form 53-55) should show his rank as SSG as opposed to private (PVT) as is currently listed.
3. The applicant provides a copy of his Separation Qualification Record
(WD AGO Form 100) and a copy of his WD AGO Form 53-55 in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of a rank error on his separation document that he should have discovered on the date of his separation,
21 November 1945. The application submitted in this case is dated 23 April 2003.
2. Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant’s military records are not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that the applicant’s records were lost or destroyed in that fire. This case is being considered using reconstructed records, which primarily consist of the applicant’s WD AGO Form 53-55 and WD AGO Form 100.
4. The WD AGO Form 100 that was prepared on the applicant during his separation processing lists his rank as PVT in Item 3 (Grade). This indicates that he held that rank on the date of his separation, 21 November 1945. It also lists all military occupational specialties (MOS) and ranks the applicant served in, which included an entry indicating that he served nine months as a SSG in MOS 745 (Squad Leader).
5. The WD AGO 53-55 issued to the applicant on the date of his separation,
21 November 1945, also shows that the highest grade he held while serving on active duty was SSG, as indicated in Item 38 (Highest Grade Held). However, Item 3 (Grade) confirms that he held the rank of PVT on the date of his separation.
6. The applicant authenticated the WD AGO Form 53-55 on file with his signature in Item 56 (Signature of Person Being Separated) on the date of his separation, 21 November 1945.
7. Technical Manual 12-235, which prescribed the policy and procedure for the preparation and distribution of separation documents during the period in question, and contained item by item entry instructions. These instructions indicated that the highest grade a member held while serving on active duty would be entered in Item 38 (Highest Grade Held). However, it stipulated that the grade held on the date of separation would be entered in Item 3 (Grade).
DISCUSSION AND CONCLUSIONS:
1. The available evidence does not include the facts and circumstances surrounding the applicant’s change in rank from SSG to PVT. However, it does include a properly constituted WD AGO Form 53-55 that confirms that the highest grade the applicant held while serving on active duty was SSG, but that he held the grade of PVT on the date of his separation from active duty.
2. The evidence shows that the applicant authenticated his WD AGO Form
53-55 with his signature on 21 November 1945, the date of his separation. This indicates that he verified that the information contained in the separation document, to include the rank listed in Item 3 (Grade), was correct at the time the document was prepared and issued.
3. Notwithstanding the applicant’s current assertion that his separation document should list his rank as SSG, the evidence shows that the rank of PVT was properly listed in Item 3 (Grade) and the rank of SSG was properly listed in Item 38 (Highest Grade Held) of his 21 November 1945 WD AGO Form 53-55 in accordance with regulatory policy in effect at the time. Therefore, there is an insufficient evidentiary basis to support granting the requested relief.
4. The records show the applicant should have discovered the error or injustice now under consideration on 21 November 1945, the date of his separation from active duty. Therefore, based on the date the Board was established, 2 January 1947, the time for the applicant to file a request for correction of any error or injustice expired on 1 January 1950. However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file.
BOARD VOTE:
________ ________ ___ GRANT RELIEF
________ ________ ___ GRANT FORMAL HEARING
__SAC ___JS ___SLP __ DENY APPLICATION
| CASE ID | AR2003091243 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2003/12/16 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 1945/11/DD |
| DISCHARGE AUTHORITY | AR 615-365 |
| DISCHARGE REASON | Demobilization |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 803 | 144.9213 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002077451C070215
The applicant’s military records were not available to the Board for review. The WD AGO 53-55 issued to the applicant on the date of his separation, 10 November 1945, lists his rank in Item 3 (Grade) as CPL. The available evidence includes a Separation Qualification Record that confirms that the applicant served in a SGT position for 30 months and promotion orders that confirm he was appointed to the rank of SGT on 25 October 1945, a few weeks prior to his separation on 10 November 1945.
ARMY | BCMR | CY2009 | 20090016039
The applicant requests correction of Item 3 (Grade) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) and WD AGO Form 100 (Separation Qualification Record) to show his grade as Sgt [sergeant]. Based on the evidence of record, the highest grade the applicant satisfactorily held during his period of service was that of Sgt. ___________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army...
ARMY | BCMR | CY2002 | 2002080924C070215
The applicant requests, in effect, correction of his military records to show he was separated from active duty on 9 December 1945 with the rank of corporal. The applicant's reconstructed records show the applicant was inducted on 25 May 1943. That so much of the application as pertains to correction of his military records to show he was separated from active duty on 9 December 1945 with the rank of corporal be denied.
ARMY | BCMR | CY2008 | 20080012087
The applicant's WD AGO Form 53-55 shows he was promoted to PFC on 12 August 1945 and held that grade until he was separated on 2 December 1946. With respect to the applicant's grade, there was no requirement to list the applicant's induction grade or grade at the time of entry onto the WD AGO Form 53-55. The evidence of record shows that the applicant was promoted to PFC on 12 August 1945 and he held this grade until he was separated on 2 December 1946.
ARMY | BCMR | CY2009 | 20090000906
The applicant provides a self-authored statement, WD AGO Form 100 (Separation Qualification Record), WD AGO Form 53-55, discharge certificate, and photocopies of a dog tag and ribbons/patches in support of his application. Although the applicant did not request this awards correction, given the correction to his WD AGO Form 53-55 is based on the error in his unit designation, it would be appropriate and serve the interest of justice and equity to award him the BSM and to add these awards to...
ARMY | BCMR | CY2011 | 20110011792
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show his rank as private first class (PFC) instead of private (PVT). The applicant's WD AGO Form 53-55 shows he held the rank of PVT at the time of separation which indicates it was also the highest rank he held while on active duty. His WD Form 371a, WD AGO Form 100, and Honorable Discharge Certificate indicate he held the rank of PVT on the date of separation,...
ARMY | BCMR | CY2013 | 20130017339
The applicant requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Service) to show the rank of corporal (CPL) instead of the rank of private first class (PFC). The applicant's military records are not available to the Board for review. The applicant's WD AGO Form 53-55 shows he held the rank of PFC at the time of separation and the highest rank he held while on active duty was CPL.
ARMY | BCMR | CY2003 | 2003090052C070212
The applicant provides, in support of his application, an undated newspaper article which announces his status as a POW; a self-authored letter, dated 20 May 1995; two Department of the Army Memorandums, dated 12 September 1996 and 17 October 1996, respectively; a letter addressed to a retired Army Colonel, dated 8 December 2001; an undated newspaper clipping which announces his advancement to the grade of SGT; a notice of change of address (WD AGO 204) with an undecipherable date; an...
ARMY | BCMR | CY2004 | 2004100762C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 August 2004 DOCKET NUMBER: AR2004100762 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. 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 records show the...
ARMY | BCMR | CY2002 | 2002070731C070402
The applicant states, in effect, that the rank he held at the time of his discharge was not the highest rank he held during his active duty tenure. The applicant’s military records were not available to the Board for review. That all of the Department of the Army records related to this case, particularly item 38 (Highest Grade Held) of his WD AGO Form 53-55 should be corrected to show his rank as staff sergeant; by showing he was awarded the Bronze Star Medal; by showing he earned 4...