IN THE CASE OF:	  

		BOARD DATE:	        15 October 2008

		DOCKET NUMBER:  AR20080013065 


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 the records of his deceased father, a former service member (FSM), be corrected to show his branch as "Army Air Corps" instead of "Infantry" and his specialty as a "Basic Pilot" instead of "Antitank Gun Crewman." 

2.  The applicant states that the FSM completed and passed Basic Pilot training at Marana Air Field, Marana, Arizona, on 2 February 1945.

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

	a.  WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Service), dated 6 November 1945.

	b.  Certificate of Proficiency, dated 2 February 1945, Basic Pilot, Army Air Forces Training Command, Marana Army Air Field, Marana, Arizona.

	c.  FSM’s Certificate of Death, dated 13 July 2006.

	d.  Applicant's Certificate of Birth, (issued) on 16 December 1997.

	e.  Miscellaneous World War II era pictures.



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 FSM’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 FSM’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 FSM's WD AGO Form 53-55 shows he enlisted in the Regular Army and entered active duty on 3 February 1939 at Houston, Texas.  This form also shows the FSM was initially trained as an infantry Soldier; however, at the time of his separation, he was serving in military occupational specialty (MOS) 610 (Antitank Gun Crewman) and was assigned to Company H, 150th Infantry Regiment.

4.  The FSM's reconstructed records show he attended Basic Pilot training at the Marana Army Air Field, Marana, Arizona, from 23 November 1944 to 2 February 1945. 

5.  The FSM's WD AGO Form 53-55 shows he served in the Panama Canal Zone during the period 27 July 1945 to 31 October 1945.  

6.  The FSM’s WD AGO Form 53-55 shows he completed 6 years, 5 months, and 20 days of continental service; and 3 months and 14 days of foreign service.  He was honorably separated on 6 November 1945.

7.  Item 4 (Arm or Service) of the FSM's WD AGO Form 53-55 shows the entry "INF," indicating that he was in the Infantry Branch, and Item 30 (Military Occupational Specialty and Number) shows the entry "Antitank Gun Crewman, 610." 
8.  The Army Air Corps was created from the Air Service in 1926 largely as a compromise between advocates of a separate air arm and those of the command structure of the U.S. Army who viewed the aviation arm as an auxiliary branch to support the ground forces.  Members worked to promote the concept of airpower between 1926 and 1941, but as a branch of the Army similar to the Signal or Quartermaster Corps, its primary purpose within that period remained support of ground forces rather than independent operations.  During World War II, the role of the Army Air Corps changed again.  On 9 March 1942, with the issuance of War Circular 59, the Army Air Corps was further subordinated to the U.S. Army Air Force as a combatant arm (as infantry and field artillery were subordinate combatant arms of the Army Ground Forces) and the office of Chief of the Air Corps was abolished.  The Congress did not disestablish the Army Air Corps until 26 July 1947, with the passage of the National Security Act of 1947. 

9.  Between 1912 and 1942, records indicate nearly 3,000 enlisted men of the Signal Corps, Air Service and the Army Air Forces became sergeant pilots. Between 1919 and 1973, about 3,700 served with the Navy, Marines and Coast Guard.  In all, sergeant pilots totaled a little more than 1 percent of all trained military pilots.  Training enlisted men as pilots was, indeed, a controversial concept.  While it was necessary to meet the personnel needs of a rapidly expanding aviation field, it was questionable whether or not they'd make good leaders and commissioned officers.  "After all," according to one opinion, "they lacked certain educational and cultural requirements." 

10.  But the need for increased manpower prevailed, as evidenced by the Air Corps Act of 1926 and Public Law 99, enacted June 3, 1941. Both pieces of legislation authorized the training of enlisted pilots.  The main differences between enlisted and commissioned pilot training at the time was age and education.  Enlisted aviation students had to be 18 to 22 years old, while commissioned cadets were 20 to 27 years old.  Enlisted men had to graduate from an accredited high school, rank in the upper half of their classes and have one-and-a-half math credits.  Basic college requirements were waived.  

11.  Sergeant pilots were intended to fill the essential and unglamorous needs of military aviation.  They were to serve as utility pilots, hauling cargo and people, or as instructors.  Instead, they played vital roles in pioneering the development of both military and civilian aviation.  Indeed, many of the aircraft flown in the Allied invasion of North Africa on Nov. 9, 1942, were piloted by enlisted men.  Although they began flying as enlisted pilots, eventually all were commissioned or became flight officers, precursor to warrant officers.  Flight officer ranks were created to compensate the sergeant pilots, putting them on an even level with commissioned pilots.

12.  While most enlisted pilots were promoted to flight officer or second lieutenant by May 1943, orders did not always catch up to those in the field.  Subsequently, many were still listed on the squadron books as staff sergeants.  While some opted to stay in for a career, others left for opportunities in civilian aviation.  Of those who left, some were recalled to active duty to fly support missions during the Berlin Airlift and Korean War.  More than 155 were killed in action, 17 became fighter aces and 11 reached general officer ranks.

13.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 replaced the WD AGO Form 53-55 after WWII.  The regulation currently in effect, directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  This regulation specified that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  It also states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Item 4 of the WD AGO Form 53-5 in effect at the time showed the Soldier's arm or service and Item 30 showed the Soldier’s MOS at the time of separation. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct his deceased father's records to show he was a Basic Pilot in the Army Air Corps and the evidence submitted by the applicant was carefully considered; however, there is insufficient evidence to grant the requested relief.

2.  The available evidence shows the FSM was trained and served as an infantry Soldier throughout his military service.  He served with the 23rd Infantry; the 102nd Infantry; and the 150th Infantry at the Panama Canal Zone.  Had he been commissioned in the Army Air Corps as a pilot, he would have been issued a WD AGO Form 53-55, discharging him from his enlisted status, and even if he was commissioned, his separation document would still show his infantry specialty at the time of separation.

3.  In view of the foregoing evidence, it appears that the FSM was trained as a basic pilot as evidenced by the certificate of training, but was never utilized in that capacity, appointed, or commissioned.  As such, his arm or service on his separation document is correctly shown as infantry.


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.



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      _______ _   _______   ___
               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)                                         AR20080013065



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ABCMR Record of Proceedings (cont)                                         AR20080013065



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