IN THE CASE OF:
BOARD DATE: 21 August 2008
DOCKET NUMBER: AR20080007685
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, in effect, that his rank and pay grade at the time of his separation be shown as staff sergeant E-6.
2. The applicant states that the uniform issued to him at the end of the war has staff sergeant (E-6) rank insignia on both sleeves. He would like to wear this uniform to ceremonies.
3. The applicant provides a copy of his WD AGO Form 53-55 (Honorable Discharge).
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 applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from reconstructed personnel records.
3. The applicant's WD AGO Form 53-55 shows the following pertinent information:
a. the applicant was inducted into the Regular Army on 24 September 1943 and entered active duty on 15 October 1943;
b. he served as a rifleman with Company B, 16th Infantry Regiment, 1st Infantry Division in the European Theater;
c. he was wounded in action on 17 November 1944; and
d. on 21 January 1946 he was honorably separated with a Certificate of Disability Discharge as a private first class (PFC).
4. The documentation prepared to show his award of the Purple Heart and Combat Infantryman Badge list him as a PFC.
5. None of the available records list the applicant in any grade higher then PFC.
6. Army Regulation 15-185 (Army Board for Correction of Military Records [ABCMR]), provides that the ABCMR will begin its consideration of each case with the presumption of administrative regularity. It will decide cases on the evidence of record and it is not an investigative body. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. Without documentation to validate that the applicant was given either a permanent or even a temporary promotion to any rank above PFC, there is insufficient documentation to warrant correcting his records.
2. 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
____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 _______ ___
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) AR20080007685
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