RECORD OF PROCEEDINGS
IN THE CASE OF: EGGEMYER, NORMAN
BOARD DATE: 24 April
DOCKET NUMBER: AR20080004750
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. Judy Blanchard
Analyst
The following members, a quorum, were present:
Mr. John Slone
Chairperson
Mr. William D. Powers
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 his record be corrected to show his rank as sergeant (SGT).
2. The applicant states, in effect, that a few days before World War II was over he was informed that his promotion to buck sergeant and staff sergeant were cancelled because too many officials were back at the end of the war. The applicant adds that considering he went to combat with his division, he believes he deserves at least buck sergeant. At the time he was released from service he did not care, he was just glad to be alive. Now, he considers it was a bad deal and he wants his grade. He finally states that his buddies that were in service at the time thought that his promotion should not have been canceled.
3. The applicant provides in support of his application his Separation Document (WD AGO Form 53-55); Certificate, dated 27 April 1946; and 4 pages of a news article.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants 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 (NPRC) in 1973. It is believed that the applicants 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. This case is being considered using reconstructed records, which primarily consist of the applicant's WD AGO Form 53-55 and the documents provided by the applicant.
3. The applicant's WD AGO Form 53-55 shows he was inducted into the Army and entered active duty on 27 April 1944. It also shows he served in the European Theater of Operations (ETO) from 20 December 1944 through 5 July 1945, and that he was honorably discharged on 27 April 1946.
4. Item 3 (Grade) shows the applicant held the rank of Private First Class (PFC) on the date of his discharge and Item 38 (Highest Grade Held) shows that PFC was the highest grade held by the applicant while he served on active duty. The applicant authenticated the separation document with his signature in Item 56 (Signature of Person Being Separated) on the date of his discharge, which was 27 April 1946.
5. The applicant's NPRC file contains no orders or other documents that confirm the applicant was officially promoted to SGT by proper authority while serving on active duty.
6. Technical Manual 12-235, which prescribed the policy and procedure for the preparation and distribution of separation documents during the period in question, and contained item by item entry instructions. These instructions indicated that the grade held on the date of separation would be entered in Item 3 and that the highest grade a member held while serving on active duty would be entered in Item 38.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he should have been promoted to SGT while serving on active duty was carefully considered. However, while all of his military records were not available for review, there is a properly constituted separation document on file that confirms he held the rank of PFC on the date of separation, and that this was the highest rank he attained while serving on active duty. The applicant authenticated the WD AGO Form 53-55 with his signature on the date of separation, thereby verifying that the information contained on the document was correct at the time it was prepared and issued.
2. Absent any orders confirming he was officially promoted to SGT by proper authority while serving on active duty, there is an insufficient evidentiary basis to support granting the requested relief at this late date.
3. 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.
4. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices he made in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_____x___ _____x___ _____x___ 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.
___________x___________
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