IN THE CASE OF:
BOARD DATE: 21 April 2009
DOCKET NUMBER: AR20080017789
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 reconsideration of an earlier request that his rank and pay grade be changed to staff sergeant/E-6.
2. The applicant states, in effect, that while fighting in Europe in July 1944 he was told that he had to be a scout for his unit and he was promoted to staff sergeant. He contends that he did not ask for this rank or assignment it was put upon him by higher command. He goes on to state that while functioning in this capacity he was wounded and hospitalized. He was sent back stateside in early 1945 and then discharged in 1946. When he was presented his medals and discharge papers he did not notice that his rank was incorrectly listed on his discharge. He points out that he is now rated by the Department of Veterans Affairs as 100 percent service connected disabled and he receives the maximum amount of disability compensation for his war service.
3. The applicant provides a letter of support, dated 24 October 2008, from the Director, Berrien County, Veterans Service Office in St. Joseph, Michigan.
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 AR20080007685, on 21 August 2008.
2. The applicant provided a letter of support, dated 24 October 2008, from the Director, Berrien County, Veterans Service Office in St. Joseph, Michigan. The Director states that he personally examined the applicant's Army uniform jacket and it is unquestionably unaltered in any way, that the jacket has staff sergeant rank on original thread dating to 1945, and that the applicant is willing to present his jacket in person at a hearing if permitted. He states that he has had many conversations with the applicant concerning his battlefield promotion, that the applicant is 83 years old and telling the truth, and the applicant is 100 percent mentally sound with absolutely no reason to lie or exaggerate.
3. The letter of support provided by the applicant is new evidence which will be considered by the Board.
4. 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 the applicants 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.
5. The applicant was inducted on 24 September 1943 and entered active duty on 15 October 1943. He served as a rifleman in the European Theater of Operations from 4 April 1944 through 2 February 1945 and was honorably discharged on 21 January 1946.
6. Item 3 (Grade) on the applicants WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows the entry "Pfc" [private first class]. Item 38 (Highest Grade Held) on his WD AGO Form 53-55 shows the entry "Private First Class."
7. There is no evidence in the available records which shows the applicant held the rank of staff sergeant temporarily or was promoted to staff sergeant prior to his discharge on 21 January 1946.
8. Army Regulation 615-5, then in effect, provided that enlisted Soldiers who were eligible for promotion would be recommended in writing, approved by the appropriate authority, and orders issued confirming the promotion.
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 21 January 1946. There is no evidence of record which shows that he was promoted to staff sergeant prior to his discharge. At this late date it is not possible to tell if the applicant had been made an acting staff sergeant instead of receiving an actual promotion. In the absence of promotion orders, the letter of support provided by the applicant is not sufficient as a basis for amending his rank and pay grade to show staff sergeant. Regrettably, there is no basis for granting the applicant's request to correct his military records to show his rank and pay grade as staff sergeant.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X______ ___X____ ___X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 AR20080007695, dated 21 August 2008.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _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) AR20080017789
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ABCMR Record of Proceedings (cont) AR20080017789
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