RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        4 March 2008
      DOCKET NUMBER:  AR20070016523


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. William D. Powers             |     |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, in effect, that his WD AGO Form 53-55 (Enlisted
Record and Report of Separation) be corrected in item 3 (Grade) to show his
grade as Technician 4th Grade (T/4).

2.  The applicant states that he would like to have “T/4” on his tombstone
when he dies and his WD AGO Form 53-55 shows him as a Private.  He did not
want to bother anyone before and just lived with the fact that his rank was
T/4, not Private, when he was discharged.

3.  The applicant provides his WD AGO Form 53-55; his WD AGO Form 100
(Separation Qualification Record); two pages of copies of photographs; an
affidavit, dated 10 February 1944; and a copy of his Honorable Discharge
Certificate.

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 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.

3.  The applicant was inducted into the Army and entered active service on
       7 January 1942.

4.  The applicant provided an affidavit, dated 10 February 1944, in which
he noted his grade as Technician 4th Grade.

5.  The applicant arrived in the European Theater of Operations on 25
October 1944.

6.  Two Battle Casualty Reports, one dated 17 December 1944 and one dated
  1 April 1945, show the applicant’s grade as Private.

7.  The applicant’s WD AGO Form 100 shows that he served 36 months as a
Sergeant, Automotive Mechanic.

8.  The applicant departed the European Theater of Operations on 15
November 1945.  He was honorably discharged on 2 December 1945.  Item 3 of
his WD AGO Form 53-55 shows his grade as Private.  Item 38 (Highest Grade
Held) shows his highest grade held as Technician 4th Grade.  His Honorable
Discharge Certificate shows his grade as Private.

9.  From 1 September 1942 through 31 July 1948, the enlisted grade
structure consisted of seven grades:

    Grade 7 – Private
    Grade 6 – Private First Class
    Grade 5 – Corporal and Technician 5th Grade
    Grade 4 – Sergeant and Technician 4th Grade
    Grade 3 – Staff Sergeant and Technician 3d Grade
    Grade 2 – Technical Sergeant;
    Grade 1 – Master Sergeant/First Sergeant.

10.  Army Regulation 615-5 (Appointment and Reduction of NCOs and PFCs), in
effect at the time, governed the appointment and reduction of
noncommissioned officers and Privates First Class.  In pertinent part, it
stated noncommissioned officers appointed during an emergency under special
authorization of the War Department would be temporary appointments.  In
order to provide an opportunity to observe the performance of candidates
for higher grades, unit commanders were authorized to exceed their
authorized allotments in any grade by the number of vacancies that existed
in a higher grade pending the promotion of the best-qualified candidate(s).


DISCUSSION AND CONCLUSIONS:

1.  The applicant provided evidence to show that he held the grade of
Technician 4th Grade, but there is no evidence to show that Technician 4th
Grade was his permanent grade.

2.  The applicant provided an affidavit, dated 10 February 1944, in which
he noted his grade as Technician 4th Grade.  However, two later documents,
Battle Casualty Reports dated 17 December 1944 and 1 April 1945, show his
grade as Private.  This does not mean that the applicant was reduced in
grade; however, these documents are indications that his permanent grade
was Private and he had been temporarily appointed as a Technician 4th
Grade.

3.  Item 38 of the applicant’s WD AGO Form 53-55 shows his highest grade
held as Technician 4th Grade.

4.  The Army has no jurisdiction over the polices of the Department of
Veterans Affairs.  However, it would be the Army’s position that the
applicant held the rank of Technician 4th Grade, albeit only as a temporary
appointment, at the time of his discharge.  Notwithstanding this, in the
absence of evidence to the contrary it appears that the applicant’s WD AGO
Form 53-55 properly shows his grade as Private in item 3 and as Technician
4th Grade in item 38 and that his Honorable Discharge Certificate properly
shows his grade as Private.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jea___  __wdp___  __jlp___  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.




                                  __James E. Anderholm__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070016523                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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