RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 August 2006
DOCKET NUMBER: AR20050017433
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. G. E. Vandenberg | |Analyst |
The following members, a quorum, were present:
| |Ms. Linda D. Simmons | |Chairperson |
| |Mr. John T. Meixell | |Member |
| |Mr. Jerome L. Pionk | |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 a reconsideration of his prior application to
correct his March 1946 separation document to show that he was separated as
a “sergeant.”
2. The applicant provides no additional statements.
3. The applicant provides a 13 September 2005 affidavit from a fellow
Soldier and a poor quality copy of a group photograph labeled January 1944
Camp Cooke California before D-Day.
CONSIDERATION OF EVIDENCE:
1. While the record does not contain a formal application or statement
signed by the applicant requesting reconsideration, a 20 September 2005
referral letter from his Congressman states that the applicant is
requesting a reconsideration of his case and that the applicant requested
that his office forward the additional evidence to the Army Board for
Correction of Military Records (ABCMR). This letter is accepted as a
formal request for reconsideration on the applicant's behalf.
2. Incorporated herein by reference are military records which were
summarized in the ABCMR’s previous consideration of the applicant's case by
the in Docket Number AR20040007727, on 9 June 2005.
3. The statement from M____ B. M______ states that he remembers that the
applicant was made sergeant when they were both serving with the 1253rd
Combat Engineer Battalion at Camp Cooke California in January 1944. Mr.
M____ states he believes he was a corporal at the time. The majority of
the letter does not relate to the applicant.
4. The copy of the January 1944 photograph is of very poor quality. The
applicant appears to have circled the sleeve insignias on two personnel,
however; due to the poor quality of the reproduction the rank insignias is
not able to be determined.
DISCUSSION AND CONCLUSIONS:
1. During World War II it was not uncommon for a Soldier to perform the
duties and wear the rank insignia of a higher enlisted grade if they were
filling a position that warranted that rank. This did not constitute a
promotion and when a person with the proper rank was available, the Soldier
holding the position would revert to their former rank.
2. The statement and photograph provided are insufficient to establish
that the applicant was formally recommended for or promoted to the rank of
sergeant.
3. In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust. The applicant has failed to submit evidence that would
satisfy that requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__JLP__ __LDS___ __JTM__ 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 AR20040007727, on 9 June 2005.
__ Linda D. Simmons_______
CHAIRPERSON
INDEX
|CASE ID |AR20050017433 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060822 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |129 |
|2. |131 |
|3. | |
|4. | |
|5. | |
|6. | |
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