RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 27 September 2007
DOCKET NUMBER: AR20070009140
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.
Ms. Catherine C. Mitrano
Director
Mr. Dean L. Turnbull
Analyst
The following members, a quorum, were present:
Mr. Richard T. Dunbar
Chairperson
Mr. Chester A. Damian
Member
Mr. Edward E. Montgomery
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 spouse of the deceased Former Service Member (FSM) requests, in effect, that her husband's records be corrected to show he was promoted from sergeant (SGT) to [second] lieutenant.
2. The applicant states, in effect, that the paperwork to promote the FSM to second lieutenant had gone through the appropriate channels before the FSM was wounded in action.
3. The applicant provides a copy of the FSM's Certificate of Death.
CONSIDERATION OF EVIDENCE:
1. The FSM's military records are not available for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the FSM's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
2. The FSM's reconstructed military records show that he was inducted into the Army of the United Sates on 20 March 1941. He completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) 745 (Rifleman). The WD AGO Form
53-55 (Enlisted Records and Report of Separation Honorable Discharge) he was issued shows he received a Certificate of Disability Discharge on 4 October 1945.
3. The FSM had completed 4 years, 6 months, and 15 days of active service. Item 3 (Grade) of the FSM's WD AGO Form 53-55 shows the entry SGT. Item 38 (Highest Grade Held) of the FSM's WD AGO Form 53-55 shows that his highest grade held while on active duty was sergeant.
4. The NA Form 13038 (Certification of Service) of the FSM shows his service was terminated by an honorable discharge and his last grade, rank, or rating was sergeant.
5. The FSM's reconstructed military records do not contain any paperwork pertaining to a request for promotion from SGT to second lieutenant.
6. Technical Manual 12-235, (Discharge Procedures and Preparation of Separation Forms), in effect at the time, provides that item 3 of the WD AGO Form 53-55, Grade, be completed as follows: Enter grade held at the time of separation and date of rank or appointment."
7. Public Law 77-252, dated 22 September 1941, provided that "during the present emergency, temporary appointments as officers of the Army of the United States could be made without appointing such persons as officers in any particular component of the Army of the United States." It further provided that such appointments could be vacated at any time by the President and, if not sooner vacated, would continue "during the present emergency and 6 months thereafter."
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that her husband's records be corrected to show he was promoted from SGT to second lieutenant.
2. It is acknowledged that the FSM may have been recommended for appointment to second lieutenant, as the applicant stated, and the paperwork may have gone through the appropriate channels before the FSM was wounded in action. However, the evidence shows that the FSM was never appointed to the grade of second lieutenant while on active duty. Regulatory guidance provides that you enter in item 3 of the WD AGO Form 53-55 the grade held at the time of separation and date of rank or appointment.
3. In order to justify correction of a military record the applicant must satisfactorily show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit sufficient evidence that would satisfy this requirement. As such, there is no need to make corrections to the FSM's military records.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____rtd__ ___cad__ ___eem__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the FSM in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
________Richard T. Dunbar________
CHAIRPERSON
INDEX
CASE ID
AR20070009140
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070927
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.
2.
3.
4.
5.
6.
ARMY | BCMR | CY2004 | 20040007424C070208
The applicant requests, in effect, that the records of her deceased husband, a former service member (FSM), be corrected to show he was promoted to sergeant (SGT). There is no indication in the available documents on file in the FSM’s reconstructed record that shows he was ever recommended for, or promoted to the rank of SGT during his tenure on active duty. However, absent some evidence of record to confirm the applicant was ever recommended for and/or promoted to SGT by proper authority...
ARMY | BCMR | CY2010 | 20100014974
The applicant, the widow of a deceased former service member (FSM), requests correction of her husband's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show his rank as a Sergeant First Class (SFC) instead of a Technical Sergeant (T/Sgt). The evidence of record shows the FSM served on active duty from 20 January 1944 through 5 June 1946. The rank "SFC" did not exist during his military service.
ARMY | BCMR | CY2012 | 20120018390
The applicant requests reconsideration of her original request that the WD AGO Form 53-55 (Enlisted Records and Report of Separation - Honorable Discharge) of her deceased husband, a former service member (FSM), be corrected to show his grade as that of a sergeant (Sgt) or staff sergeant (S/Sgt) instead of Technician Third Class (T/3). His WD AGO Form 100 (Separation Qualification Record) shows he held the grade of private first class for 7 months and the grade of T/3 for 10 months. The...
ARMY | BCMR | CY2001 | 2001063753C070421
The applicant states, in effect, that the FSM’s Separation Qualification Record, WD AGO Form 100, shows he held the grade of Staff Sergeant. The FSM’s Certificate of Disability for Discharge, WD AGO Form 40, shows his rank as Private First Class. His WD AGO Form 53-55, item 3 shows his grade as Private First Class, item 31 indicates “not available” for his military qualifications, item 33 lists the Asiatic-Pacific Theater Medal as his only decoration, and item 38 lists his highest grade...
ARMY | BCMR | CY2010 | 20100022558
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant, the widow of a deceased former service member (FSM), requests correction of item 3 (Grade) of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to reinstate his previous rank of staff sergeant (SSG). The FSM's military records are not available to the Board for review.
ARMY | BCMR | CY2002 | 2002069890C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded: The evidence of record shows that the highest official attainable rank during the FSM’s tour of duty was “M Sgt/1st Sgt” and that there is no record of any duty title for “Sergeant Major”...
ARMY | BCMR | CY2011 | 20110003110
Application for correction of military records (with supporting documents provided, if any). The envelope, dated 5 November 1945, shows the FSM as staff sergeant while the 23 November 1945 envelope shows the FSM as T/Sgt. The record does not show and the applicant has not provided any evidence to show the FSM was selected for or promoted to the rank and grade of M/Sgt.
ARMY | BCMR | CY2013 | 20130021372
The applicant, the daughter of a deceased former service member (FSM), requests correction of her father's WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) for the period ending 22 March 1947 to show his middle name and to show his rank as staff sergeant (S/SGT) instead of private first class (PFC). The available evidence shows that at the time of the FSM's discharge on 28 October 1945, his rank was PFC, which is reflected on his WD AGO Form 53-55 covering...
ARMY | BCMR | CY2013 | 20130004527
Counsel requests, in effect, correction of the applicant's discharge documents to reflect: * Addition of the "Central Europe Campaign Award" (European-African-Middle Eastern Theater Campaign Ribbon with five bronze service stars) * battlefield promotion to second lieutenant 2. Counsel requests correction of the applicant's record to show he received a battlefield promotion to second lieutenant and was awarded the European-African-Middle Eastern Campaign Medal with five bronze service stars....
ARMY | BCMR | CY2010 | 20100008367
There is insufficient evidence in the form of an official order, a recommendation for promotion or appointment, or other documentary evidence that shows he served in a higher grade. His reconstructed records show he held the rank of Pvt for a period of 4 months during basic training as well as during the remainder of his military service. The Board found that the additional supporting statement provided by the applicant was sufficient to show that he was, at the least, recommended for...