IN THE CASE OF:	  

		BOARD DATE:	  16 September 2008

		DOCKET NUMBER:  AR20080010281 


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, reconsideration of his request for correction of his records to show his military rank as sergeant (SGT).   

2.  The applicant states, in effect, that he was promoted to SGT while serving in Germany, received SGT’s pay, and was made Section Leader of a 60 Millimeter Mortar.  He also states that it was not until he received his discharge that he realized his records were not correct.  He further states that he was told, “if [he] signed the discharge and filed a claimant statement the records would be corrected.”  The applicant adds that he filled out form ACAO 137-A-24 (January 1946) and submitted it two different times during the first year he was discharged; however, he does not have a copy of the form because this was before the era of copy machines.  The applicant concludes by stating he has already been paid SGT pay and is only requesting that the rank recorded in his records be corrected.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), with an effective date of
19 January 1947; Army of the United States Honorable Discharge Certificate, dated 19 January 1947; Certificates, Affidavits, and Customs Declarations, dated 28 November 1946; and a photograph of an Army uniform blouse (jacket) draped on a chair.


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 AR20070003398 on 30 August 2007.

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 (NPRC) 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.  This case is being reconsidered using reconstructed records, which primarily consist of a partially burned WD AGO Form 20 (Soldier’s Qualification Card); WD Form 372B (Final Payment Worksheet), Voucher Number 16004, Period of Account:  December 1946;
WD Form 372B, Voucher Number 20289, Period of Account:  January 1947;
WD AGO Form 53-55, with an effective date of 19 January 1947; and documents provided by the applicant.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active duty on 17 July 1945; he served in the European Theater of Operations (ETO) from 8 January 1946 to 29 November 1946; and he was honorably discharged on 19 January 1947.  Item 3 (Grade) of the WD AGO Form 53-55 shows that the applicant held the rank of Corporal (CPL) on the date of his discharge and Item 38 (Highest Grade Held) shows that CPL was the highest grade held by the applicant while he served on active duty.  This document also shows the applicant authenticated the separation document with his signature in Item 56 (Signature of Person Being Separated).  

4.  The applicant's available military service records contain a partially burned WD AGO Form 20 (Soldier’s Qualification Card).  Item 29 (Record of Current Service) shows, in pertinent part, on 3 April 1946, the applicant was assigned to the 376th Replacement Company, 72nd Battalion, in the grade of Private First Class (PFC), with principal duty as a Duty Noncommissioned Officer (NCO) in specialty service number 566.  This item also shows that on 16 May 1946, the applicant was assigned to the 376th Replacement Company, 72nd Battalion, in the grade of CPL, with principal duty as a Duty NCO in specialty service number 566.  This item further shows that on 25 July 1946, the applicant was assigned to Company F, 60th Infantry, in the grade of CPL; however, there is no principal duty or specialty service number recorded and there are no further entries following this line entry.

5.  The applicant's available service records contain a WD Form 372B (Final Payment Worksheet), Voucher Number 16004, Period of Account:  December 1946, dated 17 December 1946.  The applicant’s name, date of birth, serial number, and rank are imprinted on the form and his rank is shown as “SGT.”  However, the “SGT” entry is lined through with two lines and replaced with the handwritten entry of “CPL.”  This document also shows that the applicant authenticated the WD Form 372B with his signature, thereby verifying that the information contained on the document was correct at the time it was prepared, and acknowledging receipt of the net balance he was paid.  

6.  The applicant's available service records contain a WD Form 372B (Final Payment Worksheet), Voucher Number 20289, Period of Account:  January 1947, dated 17 December 1946.  The applicant’s name, date of birth, serial number, and rank are imprinted on the form and his rank is shown as “SGT.”  However, the “SGT” entry is lined through with two lines and replaced with the handwritten entry of “CPL.”  In addition, the “Grade” block of the WD Form 372B contains the handwritten entry “CPL.”  This document also shows that the applicant authenticated the WD Form 372B with his signature, thereby verifying that the information contained on the document was correct at the time it was prepared, and acknowledging receipt of the net balance final pay he was paid.  

7.  The applicant’s available military service records contain no orders or other evidence that shows the applicant was officially promoted to SGT by proper authority while serving on active duty.

8.  In support of his request for reconsideration, the applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), with an effective date of 19 January 1947; Army of the United States Honorable Discharge Certificate, dated 19 January 1947; and Certificates, Affidavits, and Customs Declarations, dated 28 November 1946.  These
3 documents were previously considered in the applicant’s original request for correction of his records and offer no new evidence.  The applicant also provides a photograph of an Army uniform blouse (jacket) draped on a chair that, in pertinent part, shows a 7th Army patch on the right shoulder sleeve, 2 overseas service bars on the lower portion of the left sleeve, and sergeant (SGT) stripes affixed on the upper arm portion of both sleeves.  There are no awards, decorations or name tag on the uniform.

9.  Technical Manual 12-235 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.  The instructions indicated, in pertinent part, 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.  

10.  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.  The 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, in effect, that his request for correction of his records to show his military rank as SGT should be reconsidered because he asserts that he was promoted to SGT while serving in Germany, received SGT’s pay, and was made Section Leader of a 60 Millimeter Mortar.

2.  The evidence of record shows the applicant was promoted to the rank of CPL and served as a Duty NCO while in Germany.  There is no evidence of record that shows he was promoted to the rank of SGT, or that he served as a Section Leader.  In addition, the evidence of record shows that the applicant was paid as a CPL for the months of December 1946 and January 1947.  Thus, the evidence of record fails to support the applicant’s claims that he was promoted to SGT while serving in Germany, that he was a Section Leader of a 60 Millimeter Mortar, or that he received SGT’s pay.

3.  The applicant’s discharge documents show that he was honorably discharged in the rank of CPL, on 19 January 1947, and that CPL was the highest rank he attained while serving on active duty.  In addition, the applicant authenticated the WD AGO Form 53-55 with his signature on the date of his separation, thereby verifying that the information contained on the document was correct at the time it was prepared and issued.  

4.  The sincerity of the applicant’s comments and the authenticity of the documents he provides are not in question.  However, the documentary evidence the applicant provides in support of his claim is insufficient evidence upon which to base a correction of his records concerning his rank.

5.  There is a presumption of administrative regularity in the conduct of governmental affairs.  This presumption can be applied to any review unless there is substantial creditable evidence to rebut the presumption.  The applicant fails to provide such evidence.

6.  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 to amend the decision of the ABCMR set forth in Docket Number AR20070003398, dated 30 August  2007.



      __________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)                                         AR20080010281



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ABCMR Record of Proceedings (cont)                                         AR20080010281



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