RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 November 2005
DOCKET NUMBER: AR20050002906
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. W. W. Osborn, Jr. | |Analyst |
The following members, a quorum, were present:
| |Mr. James E. Anderholm | |Chairperson |
| |Mr. Thomas E. O'Shaughnessy, Jr. | |Member |
| |Ms. Carol A. 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 show
promotion to the rank of staff sergeant and to authorize back pay.
2. The applicant states that the previous decision included the wrong
dates, that, in effect, he was promoted to staff sergeant on 2 October 1944
and should be entitled to back pay from that date.
3. The applicant provides copies of his previous application, a letter
from the Defense Finance and Accounting Service, a DD Form 215 (Correction
to discharge document) and a highlighted copy of his WD AGO 53-55 (Enlisted
Record and Report of Separation).
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
AR2004100462, on 24 August 2004.
2. The applicant's submission is new argument that requires Board
consideration.
3. As noted in the earlier decision, the applicant was promoted to
sergeant on 1 March 1944. He held that rank when he became a prisoner of
war (POW) 10 October 1944 and when he was repatriated on 1 May 1945. He
was not eligible for promotion by virtue of having been a POW because he
was held captive for less that 18 months. Nevertheless, the Office of The
Adjutant General appointed him a temporary staff sergeant on 2 October
1945.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention has been noted but there is no available
evidence to substantiate his request.
2. 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.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_JEA ___ ___TEO _ __CAK__ 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 AR2004100462.
__ James E. Anderholm _____
CHAIRPERSON
INDEX
|CASE ID |AR20050002906 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20051101 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |131.04 |
|2. |131.05 |
|3. | |
|4. | |
|5. | |
|6. | |
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