RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 July 2006
      DOCKET NUMBER:  AR20060000576


      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. Allen Raub                    |     |Chairperson          |
|     |Ms. Laverne Douglas               |     |Member               |
|     |Ms. Peguine Taylor                |     |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 military records be corrected to show
his rank as sergeant instead of private first class.  He requests that item
38 (Highest Grade Held) on his WD AGO Form 53-55 be corrected to show
sergeant instead of private first class.  He also requests that his WD AGO
Form 100 (Army Separation Qualification Record) be corrected to show he
served as an assistant squad leader and not an “acting” squad leader.

2.  The applicant states, in effect, he was promoted to sergeant and
assistant squad leader.  He contends that his WD AGO Form 100 states that
he was an acting squad leader at the time he was hospitalized; however, he
was not an acting squad leader because his squad leader was present on his
last night in combat before he was hospitalized for “frozen feet.”  He
further states that while hospitalized he was informed that his records
were lost and that he was ordered to the hospital administrative office for
an interview.  He contends that most of the statements on his discharge
papers apparently came from that interview and are correct with the
exception of his rank and the statement that he “was an acting squad
leader.”

3.  It is noted that the applicant added the entry, “TRENCH FOOT” in item
34 (Wounds Received in Action) on his WD AGO Form 53-55; however, this
request is not specific in nature and will not be discussed further in
these Proceedings.

4.  The applicant provides a copy of his WD AGO Form 53-55 and WD AGO Form
100.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
28 July 1945.  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 was inducted on 24 March 1943 and entered active duty on
31 March 1943.  He served as a rifleman in the European Theater of
Operations and was honorably discharged on 28 July 1945 by reason of
physical disability.

5.  Item 3 (Grade) on the applicant’s WD AGO Form 53-55 shows the entry,
"PFC" [private first class].  Item 38 (Highest Grade Held) on his WD AGO
Form 53-55 shows the entry, "PFC."

6.  The applicant’s Certificate of Disability for Discharge, dated 26 July
1945, shows his grade as private first class.

7.  The applicant's WD AGO Form 100 shows his grade as private first class.
 This form also shows the applicant served as an acting squad leader in the
military specialties section.

8.  There is no evidence in the available records which shows the applicant
held the rank of sergeant temporarily or was promoted to sergeant prior to
his discharge on 28 July 1945.

9.  There is no evidence in the available records which shows the applicant
was awarded or held the military occupational specialty (MOS) 653 (squad
leader).

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 or technician three.
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.  The purpose of the WD AGO Form 100 was to assist World War II veterans
in post-service employment, education, or any other endeavor by the service
member.  The form was prepared based on service personnel records and
personal interview for a very specific purpose and was not intended as a
replacement or substitute for the official records of the individual’s
service.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's WD AGO Form 53-55 shows he was a private first class at
the time of his discharge on 28 July 1945.  There is no evidence of record
which shows that he held the rank of sergeant temporarily or was promoted
to sergeant prior to his discharge.  Regrettably, there is no basis for
granting the applicant's request to correct his military records to show
his rank as sergeant or to amend item 38 on his WD AGO Form 53-55.

2.  Although the applicant contends that he served as an assistant squad
leader during World War II, there is no evidence in the available records
which shows he was awarded or held MOS 653.  Therefore, there is
insufficient evidence on which to amend his WD AGO Form 100.

3.  Records show the applicant should have discovered the alleged errors
now under consideration on 28 July 1945; 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 and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

AR_____  LD______  _PT_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  ___Allen Raub_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000576                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060725                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |102.0200                                |
|2.                      |100.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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