IN THE CASE OF:	  

		BOARD DATE:	        15 October 2008

		DOCKET NUMBER:  AR20080012112 


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 correction of his records to show the grade of corporal (Cpl) instead of private (Pvt) from 14 July 1943 to 23 April 1945.

2.  The applicant states that as a member of the Enlisted Reserve Corps (ERC), he entered active duty after completion of the first two years of senior Reserve Officers Training Corps (ROTC).  He also adds that under the provisions of Army Regulation (AR) 150-5 (Enlisted Reserve Corps), he should have been advanced to the grade of corporal (3rd Grade), which was the practice at the time.

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  Self-authored letter, dated 7 July 2008.

	b.  Headquarters, Second Service Command, Governors Island, New York (NY), Special Orders Number 188, dated 7 July 1943. 

	c.  WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge), dated 23 April 1945.

	d.  Extract of AR 150-5, dated 30 September 1931.

	e.  Letter, dated 26 November 2007, from a Professor of Military Science, the University of Iowa (IA), Iowa City, IA.

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.  The applicant's WD AGO Form 53-55 shows he enlisted as a member of the Enlisted Reserve Corps on 15 December 1942; however, the applicant’s enlistment contract is not available for review with this case.

4.  Headquarters, Second Service Command, Governors Island, NY, Special Orders Number 188, dated 7 July 1943, show that as an Enlisted Reservist, the applicant was ordered to active duty, in the rank of PVT, effective 14 July 1943, and was assigned to the 1229th SCSU RC, Fort Dix, New Jersey (NJ).  The orders further instructed the applicant to bring with him his transcripts of his College Academic and ROTC records, for presentation to the Classification Officer.  

5.  The applicant’s WD AGO Form 53-55 also shows the applicant entered active duty on 14 July 1943 in Iowa City.  He was trained in military occupational specialty (MOS) 631 (Intelligence Noncommissioned Officer (NCO)).  This form also shows that he was assigned to the 14th Company, 3rd Student Training Regiment, the Infantry School.  

6.  The applicant's WD AGO Form 53-55 also shows he completed 2 years, 4 months, and 9 days of continental service.  He was honorably separated on 23 April 1945 to accept an appointment as a second lieutenant and active duty in the Army of the United States.  
7.  Item 3 (Grade) of the applicant’s WD AGO Form 53 shows the applicant’s grade at the time of separation as “Pvt” and Item 38 (Highest Grade Held) of this form shows the entry “Pvt.”

8.  In his self-addressed statement, the applicant states that he voluntarily enrolled in the ROTC (Military Science) in his junior and senior college years and entered active duty earlier than the rest of his ROTC classmates.  During his active duty service, he was assigned to units that did not have any Soldiers who had taken ROTC; so, the issue did not come up.  He also states that he was recently informed by two former service members who had each taken two years of ROTC that they entered military service in the grade of corporal and that they (the two members) checked with other members of their class, all of whom went in as corporals.  He concludes that as a result of this error, he may have missed out on possible earlier assignments to Officer Candidate School (OCS) or other advancements, and could have used the extra money that came with this higher rank. 

9.  The applicant submitted a letter from a Professor of Military Science at the University of Iowa, who states that he and the University of Iowa Registrar’s Office reviewed the applicant’s transcripts and confirm that the applicant completed two years of ROTC courses (four semesters) and that the courses were completed between 1941 and 1943 prior to the applicant’s departure for military service. 

10.  AR 150-5, dated 30 September 1931, prescribed the principles governing the enlistment and organization of the Enlisted Reserve Corps.  It states, in pertinent part, that a person who attended his second year of ROTC, basic course, is eligible for fourth grade or lower as qualified.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show the rank of corporal from 14 July 1943 to 23 April 1945.

2.  The evidence of record shows that upon being ordered to active duty, the applicant was instructed to bring with him his transcripts of his College Academic and ROTC records, for presentation to the Classification Officer.  It is unclear if the applicant did so.  Almost 60 years have passed since the applicant entered active duty and this Board is not privy to the Classification Officer’s decision at the time of the applicant’s entry on active duty. 


3.  The extract of the regulation submitted by the applicant states that persons who attended second year of ROTC, basic course, are eligible for fourth grade or lower as qualified.  It is unclear if the applicant was qualified for the higher grade.  In the absence of substantiating evidence to the contrary, it is presumed that the applicant qualified for entry as a “Pvt,” which is correctly shown on his records.  Therefore, there is insufficient basis for awarding the applicant a higher grade than that shown on his records. 

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.


															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)                                         AR20080012112



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ABCMR Record of Proceedings (cont)                                         AR20080012112



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