BOARD DATE: 11 August 2009
DOCKET NUMBER: AR20090004717
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 a promotion to private first class.
2. The applicant states that he was separated from the service on 16 October 1946 in the rank of private, that he served 20 months, and that he was told that promotions were frozen at the time in question. He contends that after
20 months of honorable service he should have been separated from the service at lease as a private first class.
3. The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) in support of his 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 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.
3. The applicant was inducted into the Army of the United States on 6 February 1945. He served as a guard patrolman and he was honorably discharged on
16 October 1946.
4. Item 3 (Grade) on the applicants WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows the entry "PVT" [private]. Item 38 (Highest Grade Held) on his WD AGO Form 53-55 shows the entry "PVT."
5. Discharge orders, dated 16 October 1946, show the applicant's rank was private.
6. There is no evidence of record which shows that a vacancy for a private first class existed at the time in question.
7. There is no evidence in the available records which shows the applicant held the rank of private first class temporarily or was promoted to private first class prior to his discharge on 16 October 1946.
8. Army Regulation 615-5 (Enlisted Men, Appointment and Reduction of Noncommissioned Officers and Private First Class), in effect at the time, stated that in order to provide an opportunity to observe the performance of candidates for higher grade, unit commanders were authorized to exceed their authorized allotments in any grade by the number of vacancies that existed in a higher grade pending the promotion of the best qualified candidate or candidates.
DISCUSSION AND CONCLUSIONS:
The applicant's WD AGO Form 53-55 shows he was a private at the time of his discharge on 16 October 1946. There is no evidence of record which shows that a vacancy for a private first class existed at the time in question and there is no evidence of record which shows that the applicant was promoted to private first class prior to his discharge. Regrettably, there is no basis for granting the applicant's requested relief.
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) AR20090004717
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090004717
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100008367
There is insufficient evidence in the form of an official order, a recommendation for promotion or appointment, or other documentary evidence that shows he served in a higher grade. His reconstructed records show he held the rank of Pvt for a period of 4 months during basic training as well as during the remainder of his military service. The Board found that the additional supporting statement provided by the applicant was sufficient to show that he was, at the least, recommended for...
ARMY | BCMR | CY2011 | 20110014532
Item 38 (Highest Grade Held) of the applicant's WD AGO Form 53-55 contains the entry "PRIVATE." 6, dated 23 May 1945 that commanders may waive the requirements of an authorized vacancy to appoint temporarily to the next higher grade any enlisted person below the first pay grade who is returned to United States military control from a status of: (1) internee, (2) missing in action, (3) evading capture in enemy held territory, or (4) prisoner of war (including those repatriated under the...
ARMY | BCMR | CY2014 | 20140005277
The applicant requests correction of his records to show he was promoted to Technician Fifth Grade (T/5) prior to his separation on 14 October 1946. The applicant's military records are not available to the Board for review. Still, in the absence of official orders or other documentary evidence confirming appointment or promotion to T/5 there is insufficient evidence to correct his records to show this rank.
ARMY | BCMR | CY2010 | 20100011640
The applicants military records are not available to the Board for review. There is no evidence in the available records which shows the applicant held the grade of technician third grade temporarily or was promoted to technician third grade prior to his discharge on 5 November 1945. However, his WD AGO Form 53-55 shows he was a technician fifth grade at the time of his discharge on 5 November 1945.
ARMY | BCMR | CY2001 | 2001063753C070421
The applicant states, in effect, that the FSM’s Separation Qualification Record, WD AGO Form 100, shows he held the grade of Staff Sergeant. The FSM’s Certificate of Disability for Discharge, WD AGO Form 40, shows his rank as Private First Class. His WD AGO Form 53-55, item 3 shows his grade as Private First Class, item 31 indicates “not available” for his military qualifications, item 33 lists the Asiatic-Pacific Theater Medal as his only decoration, and item 38 lists his highest grade...
ARMY | BCMR | CY2005 | 20050004203C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 October 2005 DOCKET NUMBER: AR20050004203 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests, through his daughter, that his records be corrected to show he was promoted to corporal. The applicant’s military records are not available to the Board for review.
ARMY | BCMR | CY2014 | 20140010095
As a new issue, he requests correction of his WD AGO Form 53-55 (Enlisted Records and Report of Separation-Honorable Service) to show two awards of the Bronze Star Medal. The applicant's military records are not available to the Board for review. However, in the absence of official orders or other documentary evidence confirming appointment or promotion to a higher grade there is insufficient evidence to correct item 3 of his WD AGO Form 53-55 to show the rank he held on 11 March 1946 was...
ARMY | BCMR | CY2006 | 20060017416
The applicant provides two eyewitness statements, dated 23 November 2006 and 17 November 2006; a Certificate of Achievement; a photograph of a Soldier; a newspaper article; and a copy of his WD AGO Form 53-55. The applicants military records are not available to the Board for review. The applicant's WD AGO Form 53-55 shows he was a private first class at the time of his discharge on 25 December 1945.
ARMY | BCMR | CY2007 | 20070003521C071029
The applicant’s military records are not available to the Board for review. However, there is no evidence of record and the applicant provided none to show he was ever promoted to and held the grade of First Sergeant. Records show the applicant should have discovered the alleged error or injustice now under consideration on 28 November 1946; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 1 January 1950, 3 years after the Board...
ARMY | BCMR | CY2008 | 20080012087
The applicant's WD AGO Form 53-55 shows he was promoted to PFC on 12 August 1945 and held that grade until he was separated on 2 December 1946. With respect to the applicant's grade, there was no requirement to list the applicant's induction grade or grade at the time of entry onto the WD AGO Form 53-55. The evidence of record shows that the applicant was promoted to PFC on 12 August 1945 and he held this grade until he was separated on 2 December 1946.