IN THE CASE OF:	  

	BOARD DATE:	  08 May 2008

	DOCKET NUMBER:  AR20080005073 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1. Application for correction of military records (with supporting documents provided, if any).

2. Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his records be corrected to reflect that he was promoted to the rank of sergeant (SGT).

2.  The applicant states that he was promised the rank of sergeant upon completion of gunnery training at the 8th Air Force Anti-Aircraft Gunnery School in Penhale, Cornwall, England.  He goes on to state that the promise was never fulfilled by the officer that he was taught to trust and respect.  He continues by stating that after completing his training, the rank was never awarded and he was transferred to another unit in Cheddington, England and from there to France and then to Germany.  The officer who made the promise to him was no where to be found and he has not had contact with any of his fellow comrades for the past 62 years.

3.  The applicant provides a copy of orders transferring him to the Anti-Aircraft Gunnery course in England, a copy of his Separation Qualification Record, a copy of a newspaper commentary, a copy of his report of separation (WD AGO Form 53-55) and a copy of his DD Form 215. 

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.  He was inducted in New York on 9 January 1943.  He completed his training and was transferred to the European Theater of Operations (ETO) on 27 May 1943.  It appears that he was initially transferred to England and was assigned to Headquarters, 20th Bomb Wing in June 1943. 

4.  On 28 July 1943, orders were published assigning the applicant and 11 other privates to the 8th Air Force Anti-Aircraft (AA) Gunnery School in Penhale, Cornwall, England on 2 August 1943, for the purpose of pursuing a course in Anti-Aircraft Machine Gunnery.  They were authorized to travel by government military vehicle and rail.     

5.  The applicant departed the ETO on 29 January 1946 and arrived in the Continental United States on 12 February 1946 and was transferred to Fort Dix, New Jersey. 

6.  On 17 February 1946, he was honorably discharged at Fort Dix in the rank of private first class (PFC), the highest grade he attained.  He had served 3 years, 1 month, and 9 days of total active service of which 2 years, 8 months, and
16 days were served overseas.  He was awarded the European-African-Middle Eastern Campaign Medal with three bronze service stars, the Good Conduct Medal, the World War II Victory Medal, and the Army of Occupation Medal with Germany clasp.  

7.  A review of the available records fail to show any indication that the applicant was ever promoted to the rank of SGT or that he was at any time “promised” the rank of SGT in return for completing AA Gunnery School.


DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that he was told that he would be promoted to the rank of SGT after completing AA Gunnery School is not in doubt, he has provided no evidence to support his claim. 

2.  Unfortunately, the lack of complete records and the passage of time (approximately 64 years) since he attended the AA Gunnery School make it difficult at best to determine with any degree of certainty, what happened in his case. 

3.  Therefore, in the absence of evidence to show that he was unjustly denied a promotion to the rank of SGT, it must be presumed that what the Army did at the time was in accordance with the applicable laws and regulations in effect at the time, with no violations of any of the applicant’s rights.

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

__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 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 applicant in service to the United States during the World War II.  The applicant and all Americans should be justifiably proud of his service in arms.




      ___        XXX                ___
                CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080005073



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ABCMR Record of Proceedings (cont)                                         AR20080005073



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