IN THE CASE OF:
BOARD DATE: 4 AUGUST 2009
DOCKET NUMBER: AR20090005664
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 that his rank on his Honorable Discharge Certificate, dated 6 November 1951, be corrected to show corporal (CPL) instead of private first class (PFC).
2. The applicant states that his Honorable Discharge Certificate shows his rank as PFC, but his rank is CPL.
3. The applicant provides a copy of his Honorable Discharge Certificate and his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) 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. His WD AGO Form 53-55 shows he entered active duty in the Army of the United States on 30 June 1943 and was discharged on 16 February 1946. Item 3 (Grade) on his WD AGO Form 53-55 shows the entry "Cpl."
4. Item 38 (Highest Grade Held) on his WD AGO Form 53-55 shows the highest grade held as "Corporal."
5. The applicant enlisted in the Enlisted Reserve Corps (ERC) on 24 October 1950 and was honorably discharged on 6 November 1951. His Honorable Discharge Certificate shows his rank as "PFC."
DISCUSSION AND CONCLUSIONS:
1. The applicant's WD AGO Form 53-55 shows the highest grade he held while on active duty from 30 June 1943 to 16 February 1946 was CPL.
2. The applicant's WD AGO Form 53-55 shows he was discharged in the rank of CPL.
3. The applicant served in the ERC from 24 October 1950 to 6 November 1951 and was issued an Honorable Discharge Certificate which shows his rank as PFC. However, there is no evidence available which verifies the applicant held the rank of CPL while he was in the ERC.
4. Therefore, there is an insufficient basis in which to correct his Honorable Discharge Certificate for his period of service in the ERC to show his rank as CPL.
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.
___________XXX______________
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) AR20090005664
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ABCMR Record of Proceedings (cont) AR20090005664
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