RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 SEPTEMBER 2005
DOCKET NUMBER: AR20040011371
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.
| |Mr. Carl W. S. Chun | |Director |
| |Mr. Kenneth H. Aucock | |Analyst |
The following members, a quorum, were present:
| |Mr. John Slone | |Chairperson |
| |Mr. Eric Andersen | |Member |
| |Ms. Carol Kornhoff | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests reconsideration of his earlier appeal to correct
his records to show that his rank was technical sergeant at the time that
he was discharged in 1946.
2. The applicant states that he had passed all the requirements to attend
the University of Chicago for foreign area and language study, which would
have made him an officer; however, the Army decided to do away with the
program and sent him to replace young Soldiers in Germany. He spent months
performing dangerous duties in France and Germany when he finally got a job
in Seventh Army Headquarters. They failed to promote him to technical
sergeant, which was the highest ranking noncommissioned officer. His
commanding officer was negligent in not promoting him. He had a very
responsible job. All the other personnel in the general staff were
technical sergeants. It was just plain negligence that he was not
promoted.
3. The applicant provides a copy of his Separation Qualification Record
and his Honorable Discharge Certificate.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2002073504, on 16 July 2002.
2. The applicant has not provided any new evidence to support his request.
His argument, however, is new in that he states that his commanding
officer was negligent in not promoting him.
3. The applicant entered active duty on 19 January 1944, served in the
European Theater of Operations in World War II, and was honorably
discharged on 23 April 1946. The applicant’s qualification record shows
that he was assigned to the 63d Infantry Division, but served as an orderly
and as a file clerk with the G-3 Section in Seventh Army Headquarters. is
His separation qualification record shows that the highest grade that he
held as reflected on that form was Tec-5 (technician five).
4. The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of
Separation – Honorable Discharge) shows that he was discharged in the grade
of T/5 (technician fifth grade) on 23 April 1946. That form shows that the
highest grade that he held during his military service was T/5.
DISCUSSION AND CONCLUSIONS:
1. As indicated in the 16 July 2002 Board proceedings, there is no
evidence that he was advanced to the grade of technical sergeant or held
the grade of technical sergeant during his military service. Nor is there
any evidence to show that he was recommended for promotion to that grade.
2. The applicant’s contention that he should have been promoted to
technical sergeant but for his commanding officer’s negligence in not
promoting him is noted; however, he has not provided any evidence to
support that contention, and it would appear that it would be impossible to
do so since almost 60 years have passed since his discharge in 1946. The
applicant’s request to correct his record to reflect his rank as technical
sergeant is not warranted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__JS____ __EA ___ __CK ___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable
error or injustice. Therefore, the Board determined that the overall
merits of this case are insufficient as a basis to amend the decision of
the ABCMR set forth in Docket Number AR2002073504, dated 16 July 2002.
______________________
CHAIRPERSON
INDEX
|CASE ID |AR20040011371 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050915 |
|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. |129.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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