IN THE CASE OF:
BOARD DATE: 24 February 2009
DOCKET NUMBER: AR20080017787
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, correction of his records to show his rank as corporal instead of private first class.
2. The applicant states, in effect, his records show his rank as private first class but he was promoted to corporal in England.
3. The applicant provides a WD AGO Form 53-55 (Enlisted Record and Report of Separation), a WD AGO Form 100 (Separation Qualification Record), and a WD Form 372A (Final Payment Work Sheet) in support of this application.
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 applicants 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 his 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 enlisted on 27 July 1942. He served in the European theater of operations from 8 February 1944 through 25 November 1945 and was honorably discharged on 18 December 1945.
4. Item 3 (Grade) on the applicants WD AGO Form 53-55 shows the entry, "Pfc" [private first class]. Item 38 (Highest Grade Held) on his WD AGO Form 53-55 shows the entry, "Pfc." His WD AGO Form 53-55 shows that his military occupational specialty was Fire Fighter.
5. The applicant's WD AGO Form 100, dated 18 December 1945, shows his grade as private first class.
6. The applicants WD Form 372A dated 18 December 1945, shows his grade as private first class.
7. There is no evidence in the available records which shows the applicant was promoted to or held the rank of corporal prior to his discharge on 18 December 1945.
DISCUSSION AND CONCLUSIONS:
The applicant's WD AGO Form 53-55 shows he was a private first class at the time of his discharge on 18 December 1945. There is no evidence of record which shows that he held the rank of corporal prior to his discharge. Regrettably, there is no basis for granting the applicant's request to correct his military records to show his rank as corporal.
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) AR20080017787
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ABCMR Record of Proceedings (cont) AR20080017787
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