IN THE CASE OF:	  

		BOARD DATE: 	        30 June 2009

		DOCKET NUMBER:  AR20090005020 


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 Certification of Military Service be corrected to show that he was discharged in the rank of technician fourth grade (grade 4).

2.  The applicant states that the rank of corporal is lower than the rank of technician fourth grade, which he held when he was at Fort Lewis, Washington, in 1948.

3.  The applicant provides a copy of his Certification of Military Service dated 9 March 2007 and a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge).

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 applicant’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 applicant’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 available records show that on 4 May 1943 the applicant was inducted into the Army of the United States in New Haven, Connecticut.  He successfully completed his training as a carpenter.

4.  The applicant departed for the European theater on 22 October 1944 and he returned to the Continental United States on 2 September 1945.

5.  The applicant was honorably discharged on 14 November 1945 under the provisions of Army Regulation 615-365 (Enlisted Personnel Discharge Convenience of Government) for the convenience of the government (demobilization).  The WD AGO Form 53-55 that he was furnished at the time of his discharge shows that the highest grade that he held was technician five.  However, his WD AGO Form 53-55 also shows that at the time of his discharge he was serving in the rank of private first class.

6.  The applicant’s Final Payment Work Sheet and his Honorable Discharge Certificate show that he was serving in the rank of private first class at the time of his discharge from the Army on 14 November 1945.

7.  The Certification of Military Service that the applicant submitted in support of his application was furnished to him by the National Archives and Records Administration, St. Louis, Missouri, on 9 March 2007 and shows that he enlisted in the Army on 1 August 1947 and that he was honorably discharged on 31 December 1948.  The Certification of Military Service also shows that he was serving in the rank of corporal at the time of his discharge.

8.  The Final Payment Work Sheet that the applicant was furnished at the time of his discharge shows that he was serving in the rank of corporal (grade 4) at the time of his discharge.

9.  A review of the enlisted rank/pay grade structure of the Army and the conversion of pay grades for enlisted personnel, in effect at that time of the applicant’s discharge, consisted of grades 1 through 7:  recruit (grade 7), private (grade 6), private first class (grade 5), corporal (grade 4), sergeant (grade 3), sergeant first class (grade 2), and master sergeant and first sergeant (grade 1).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his Certification of Military Service should be corrected to show that he was discharged in the rank of technician fourth grade (grade 4).

2.  His contentions have been noted.  However, according the enlisted rank/pay grade structure of the Army and the conversion of pay grades for enlisted personnel in effect at that time of the applicant’s discharge, his Certification of Military Service was properly annotated to show his rank as corporal.

3.  While he believes that the rank of technician fourth grade is a higher rank than the rank of corporal, he is mistaken.  As a result of the conversion of pay grades for enlisted personnel, the rank of corporal was changed to refer to those serving in grade 4.

4.   In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20090005020



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ABCMR Record of Proceedings (cont)                                         AR20090005020



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