IN THE CASE OF:
BOARD DATE: 25 June 2009
DOCKET NUMBER: AR20090004026
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, that his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show his rank as private first class (PFC).
2. The applicant states, in effect, that he was told he was being advanced to PFC based on successfully completing the 25-mile road march to Bastogne; however, when he proved his advancement, he was told the statute of limitations ran out.
3. The applicant provides the following documents in support of his application: Finance Center letters, Honorable Discharge Certificate, WD AGO Form 53-55; and Certification of Military Service.
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 the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in the National Personnel Records Center (NPRC) reconstructed record for the Board to conduct a fair and impartial review of this case. This case is being considered using reconstructed records that primarily consist of the applicants WD AGO Form 53-55, WD Form 371 (Final Payment Roll), and the evidence provided by the applicant.
3. The applicants WD AGO Form 53-55 shows he was inducted into the Army of the United States on 18 June 1943 and entered active duty on 2 July 1943, and that he continuously served on active duty for 2 years, 2 months, and 19 days until being honorably separated on 6 September 1945. Item 3 (Grade) shows he held the rank of private (PVT) on the date of his separation.
4. A WD Form 371 prepared on 6 September 1945, the date of the applicant's separation, shows he received his final pay in the rank of PFC.
5. The applicant provides a letter from the Settlement Division, Finance Center, United States Army, dated 10 November 1954, which shows he was promoted to PFC on 31 July 1945. He also provides a Certification of Military Service, dated 11 June 1997, which shows his rank at the time of his separation from active duty was PFC.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his separation document should be corrected to show his rank as PFC in item 3 was carefully considered and found to have merit.
2. The evidence of record in this case confirms that the applicant held the rank of PFC at the time of his separation from active duty, as evidenced by the WD Form 371 in the NPRC file and the Finance Center letters and Certification of Military Service provided by the applicant. As a result, it would be appropriate and serve the interest of justice and equity to grant the requested relief by correcting item 3 of the applicants WD AGO Form 53-55 to list his proper rank of PFC at this time.
BOARD VOTE:
____X___ ___X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting from item 3 of the applicant's WD AGO Form 53-55 the entry "Pvt" and replacing it with the entry "PFC"; and
b. issuing him a correction to his separation document that reflects this change.
__________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) AR20090004026
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