RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 July 2006
      DOCKET NUMBER:  AR20050018013


      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             |
|     |Ms. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Ms. Ernestine Fields              |     |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 that his Honorable Discharge Certificate and
items
3 (Grade) and 38 (Highest Grade Held) on his WD AGO Form 53 (Enlisted
Record and Report of Separation) be corrected to show his grade as private
first class instead of private.

2.  The applicant states he signed his WD AGO Form 53 not knowing it was
incorrect because he was an 18 year old kid who had just spent a year and a
half learning about discipline, obedience, and respect for his superiors.
He contends that he would have signed anything put in front of him by an
officer if it meant going home.

3.  The applicant provides a copy of his WD AGO Form 53; an Honorable
Discharge Certificate; his WD AGO Form 100 (Separation Qualification
Record); two Enlisted Man’s Temporary Passes; a roster of the 62nd Engineer
Topographic Company; and a War Department transportation memorandum.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
11 August 1948.  The application submitted in this case is dated 15
December 2005.

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 limitations 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.  However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

4.  The applicant enlisted on 17 March 1947, served as a photo
lithographer, and was honorably discharged on 11 August 1948.

5.  Item 3 on the applicant's WD AGO Form 53 shows the entry, "Pvt”
[private].  Item 38 (Highest Grade Held) on his WD AGO Form 53 shows the
entry, "Pvt.”
6.  The applicant’s Honorable Discharge Certificate shows his grade as
private.

7.  In support of his claim, the applicant provided two Enlisted Man’s
Temporary Passes; a roster of the 62nd Engineer Topographic Company; and a
War Department transportation memorandum which show his grade as private
first class.

8.  The available records contain service medical records which show the
applicant’s grade as private first class.

9.  The applicant’s Final Payment – Work Sheet, dated August 1948, shows
the entry, “Grade redisignation (sic) fr Pfc [private first class] to Pvt.”

10.  A review of the enlisted rank/pay grade structure of the Army between
1 July 1920 and 31 July 1948 shows that the three lowest pay grades (grade
7 through grade 5) essentially consisted of a private (grade 7); private
first class (grade 6); and corporal/technician five (grade 5); grade 4
personnel carried the rank title of sergeant/technician four; grade 3
personnel carried the rank title of staff sergeant/technician three; grade
2 personnel carried the rank title of tech sergeant; and grade 1 personnel
carried the rank title of master sergeant and first sergeant.  During World
War II, many enlisted personnel held a higher rank temporarily, with the
title of “acting” before the rank, but no promotion orders were issued, and
they were not entitled to pay at the higher rank level.

11.  A review of the enlisted rank/pay grade structure of the Army between
1 August 1948 and 30 September 1949 shows that the three lowest pay grades
(grade 7 through grade 5) essentially consisted of a recruit (grade 7);
private (grade 6); private first class (grade 5); grade 4 personnel carried
the rank title of corporal; grade 3 personnel carried the rank title of
sergeant; grade 2 personnel carried the rank title of sergeant first class;
and grade 1 personnel carried the rank title of master sergeant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s pay records show his grade was redesignated from
private first class to private prior to his discharge in August 1948.  His
WD AGO Form 53 and Honorable Discharge Certificate properly show he was a
private at the time of his discharge on 11 August 1948.  Therefore, there
is no basis for granting his requests to correct item 3 on his WD AGO Form
53 or his Honorable Discharge Certificate to show his grade as private
first class.
2.  Nevertheless, based on the entry on the applicant’s pay records which
shows his grade was redesignated from private first class to private, it
would be appropriate to correct item 38 on his WD AGO Form 53-55 to show
his highest grade held was private first class.

3.  Records show the applicant should have discovered the alleged error now
under consideration on 11 August 1948; therefore, the time for the
applicant to file a request for correction of any error or injustice
expired on 1 January 1950
(3 years after the Board was established on 2 January 1947).  The applicant
did not file within the 3-year statute of limitations; however, based on
the available evidence it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

LE_____  _PM_____  _EF____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by amending item 38 on his
WD AGO Form 53 to show private first class.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
amendment of item 3 on his WD AGO Form 53 or his Honorable Discharge
Certificate.




                            ____Lester Echols_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050018013                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060718                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |102.0200                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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