RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 08 May 2008
DOCKET NUMBER: AR20070017124
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.
Director
Analyst
The following members, a quorum, were present:
M
Chairperson
M
Member
M
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 request to correct his rank at the time of his release from active duty shown on his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) be reconsidered.
2. The applicant essentially states that his initial request to have his rank at the time of his release from active duty changed from private first class (PFC) Technician Fifth Grade (T/5) was rejected. He also states that they were all Japanese-American Nisei [people of Japanese ancestry and the first generation to be born abroad] cooks at Camp Robinson, Arkansas. He further states that all Soldiers get drunk once in a while, and that he was reduced in rank, but that his rank was reinstated. He continued by essentially stating that the Army does not have all of his records, as the fact that he was in a hospital in Marseille, France with trench foot is not recorded. He also states that the 442nd Regimental Combat Team was the most decorated outfit in the United States Army, and he was cited for award of seven Presidential Unit Citations, with not one case of absence without leave or desertion. Additionally, he states that when he volunteered, he was not thinking of coming home alive, and references a quote from a Hawaii Senator. He also essentially states that he turned 90 years old in February 2008, and that by the time his request for reconsideration is received, he might be gone, and wants his headstone to read that his rank was T/5, not PFC.
3. The applicant provides an informational document on the 442nd Regimental Combat Team, a self-authored note, and a photograph of him wearing the rank insignia of T/5 in support of this application.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070006764, on 1 November 2007.
2. The applicant provided, in pertinent part, a photograph of himself wearing the rank insignia of T/5; however, the date of the photograph is not known. The applicant also stated, in pertinent part, that his rank was reinstated after he was reduced in rank. Although the copy of the applicant's WD AGO Form 53-55 is not legible, it was previously established that the applicant's highest grade held was T/5. However, his WD AGO Form 53-55 also showed that his rank was only PFC at the time of his release from active duty.
3. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his request to correct his rank at the time of his release from active duty shown on his WD AGO Form 53-55 should be reconsidered.
2. The evidence provided by the applicant was carefully considered, and it is clear that applicant wishes to have the rank of T/5 placed on his headstone when he passes away. However, 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.
3. The photograph showing the applicant wearing the rank insignia of T/5 was considered; however, it cannot be determined when this photograph was taken. Additionally, although the applicant indicated that his rank was reinstated after he was reduced in rank, he did not provide evidence which proves, by a preponderance of the evidence, that his rank at the time of his release from active duty was T/5. Regrettably, absent such evidence, there is insufficient basis for granting relief to the applicant in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__XXX __ __XXX__ __XXX__ 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 to amend the decision of the ABCMR set forth in Docket Number AR20070006764, dated 1 November 2007.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during World War II. The applicant and all Americans should be justifiably proud of his service in arms.
___ XXX ___
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070017124
4
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BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
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