RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 January 2008
	DOCKET NUMBER:  AR20070013163 


	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

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Ms. Shirley L. Powell

Chairperson

Mr. Paul M. Smith

Member

Mr. Larry C. Bergquist

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, in effect, that item 3 (Grade), of his WD AGO Form 53-55 (Enlisted Report and Report of Separation), be corrected to show the entry "T/Sgt" (Technical Sergeant) instead of the entry "T-4" (Technician 4th Grade).

2.  The applicant states, in effect, that the performance of his duties in the capacity of master mechanic should warrant the grade requested.  He adds    that he felt the responsibilities warranted a higher grade for which he was recommended for but never received.

3.  In support of his request, the applicant provides a copy of his WD AGO Form 53-55 and indicated he had provided a personal statement; however, the personal statement was apparently omitted and is unavailable for review. 

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was inducted on 26 September 1942 and entered active duty on 10 October 1942.  He was trained in military occupational specialty (MOS), 965, as an Automotive Mechanic (Third Echelon). He served in the European Theater of Operations (ETO) from 12 February 1944 to 25 January 1946.  He was promoted to Technician 4th Grade (T-4) on an unknown date.  He was honorably separated on 30 January 1946. 

3.  The applicant’s WD AGO Form 53-55, which is authenticated in his own hand, shows in item 3, the entry "T-4" and in item 38 (Highest Grade Held) the entry "Tec 4."

4.  The available records show his Grade as "T-4" on his Final Payment-Work Sheet (War Department Form 372), dated 30 January 1946, and "Technician Fourth Grade" on his Honorable Discharge Certificate.

5.  There are insufficient records available to the Board to show that the applicant was ever promoted above the rank of Technician 4th Grade.  There is no evidence in the available records that show he was recommended for promotion prior to his separation from active duty. 

6.  Technical Manual 12-235, in effect at the time of the applicant's separation, which provided policy and guidance in the preparation of separation forms and documents, states that, in item 3, "enter grade held at time of separation and date of rank of appointment," and in item 38, enter highest grade held during current period of active duty. 

DISCUSSION AND CONCLUSIONS:

1.  On the day of the applicant's discharge, the applicant's service records were available for use in preparation of his WD AGO Form 53-55.  The preponderance of the evidence shows he was serving in the grade of Technician 4th Grade, which was also the highest grade he held while he served on active duty, on the date of his separation.

2.  There is insufficient evidence in the available records to show that he was advanced higher than "Technician 4th Grade" or to show that he was promoted to technical sergeant prior to his separation from active duty.  Therefore, there is no basis to correct item 3 (Grade) of his WD AGO Form 53-55 to show that he was separated in the rank of "Technical Sergeant."

3.  The applicant alleges, in effect, that the performance of his duties in the  capacity of master mechanic should warrant the grade requested and he felt that the responsibilities warranted a higher grade for which he was recommended for but never received.  Even though the applicant alleges to have been recommended for promotion to a higher rank due to the manner in which he discharged his performance and responsibilities, a promotion is not effective until it is memorialized through publication of appropriate promotion orders.  It appears unfortunate he was separated before any recommendation, if any, was carried out to fruition resulting in his promotion. 



4.  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

___LB___  ___PMS_  __SLP___  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 for correction of the records of the individual concerned.




_____Shirley L. Powell______
          CHAIRPERSON




INDEX

CASE ID
AR20070013163
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080129
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19460130
DISCHARGE AUTHORITY
AR 615-365
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
144
2.

3.

4.

5.

6.