IN THE CASE OF:	  

		BOARD DATE:	  10 November 2009

		DOCKET NUMBER:  AR20090009469 


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, reconsideration of his request for his
WD AGO Form 55-98 (Military Record and Report of Separation-Certificate of Service) to be corrected to show his rank as captain (CPT) vice first lieutenant (1LT) as currently listed.

2.  The applicant states, in effect, that he is providing a letter from the Fort Dix Separation Center, dated 6 January 1946, which promoted him to the rank of CPT effective that date, which was prior to his release from active duty (REFRAD).  He also states that his final discharge from the United States Army Reserve (USAR) shows his rank is listed as CPT and he is now 92 years old and would not materially benefit from this correction, but would like his military service record to be accurate in the interest of personal justice.  

3.  The applicant provides the following documents in support of his application:  self-authored statement; Douglas County Veterans Service Office letter, dated    2 July 2009; Army Service Forces, Second Service Command, Separation Center, letter, dated 6 January 1946; War Department, The Adjutant General's Office, letter, dated 6 June 1946; First Army Organized Reserve Corps, Office of the Senior State Instructor for Connecticut, Special Orders Number 70, dated 
3 October 1947; Headquarters, Connecticut Military District Letter, dated 16 April 1953; and his Honorable Discharge Certificate.


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 AR20080016614, on 17 March 2009.

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 (NPRC) 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.  This case is being considered using reconstructed records, which primarily consist of the applicant's WD AGO 
Form 53-98, Discharge Certificate, and the documents provided by the applicant which are considered new evidence and requires consideration.   

3.  During the original review of this case, the Board stated that the entry “CPT” in item 3 (AUS Grade) on the applicant's WD AGO Form 53-98 was in a bold type font which was different from the typed entries on the rest of the form.  It was also determined that item 14 (Appointments and Promotions) of his  Officer Qualification Record showed he was promoted to the rank of 1LT on 
14 September 1944, and there was no entry showing a promotion to CPT.  As a result, the Board determined that the highest rank the applicant held while serving on active duty was 1LT; therefore, no correction to his rank was required.

4.  The applicant's records show he was appointed as a second lieutenant (2LT)  in the Army of the United States (AUS) and was ordered to active duty on 17 July 1943.

5.  The applicant's WD AGO Form 66 (Officer Qualification Card) shows, in item 14 (Grade, Appointments, and Promotions), that he was promoted to the rank of 1LT on 14 September 1944, and that this is highest rank he attained while serving on active duty.  

6.  On 10 January 1946, the applicant was honorably REFRAD.  The WD AGO Form 53-98 he was issued initially listed his rank as 1LT in item 3; however, the entry CPT [captain] was annotated in bold print over the initial entry.  

7.  On 10 January 1946, an AUS Certificate of Service was issued to the applicant.  This document initially listed his rank as 1LT; however, the entry CPT was annotated in bold print over the initial entry. 

8.  The applicant provides an Army Service Forces, Second Service Command, Separation Command, letter, dated 6 January 1946, which authorized the applicant's promotion to CPT in the AUS, effective 6 January 1946.  He also provides a WD AGO letter, dated 6 June 1946, which confirms he was appointed a CPT in the Officers' Reserve Corps, AUS, effective 6 June 1946.  He further provides his Honorable Discharge Certificate from the United States Army Reserve (USAR), dated 1 April 1953, which lists his rank as CPT.

9.  War Department Technical Manual 12-236 prescribed the policy and procedure for the preparation and distribution of separation documents during the period the applicant served.  It stated, in pertinent part, that the rank held on the date of separation would be entered in Item 3 of the WD AGO Form 53-98.  It further stipulated that all entries on the form are to apply only to the current period of active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was promoted to CPT and that his WD AGO Form 53-98 should be corrected to reflect his rank as CPT vice 1LT was carefully considered and found to have merit.  

2.  By regulation the rank held on the date of separation will be entered in item 3 of the WD AGO Form 53-98, separation document.  The evidence confirms the applicant was promoted to CPT in the AUS, effective 6 January 1946, as evidenced by the promotion letter provided by the applicant that was issued at the Separation Center, Fort Dix, New Jersey, on 6 January 1946, which was four days prior to his REFRAD on 10 January 1946.  

3.  Based on the promotion letter provided by the applicant, it appears that the bold face CAPT entry in item 3 of the applicant's WD AGO Form 53-98 was in fact an valid correction made to the document at the separation center once the promotion letter was published authorizing his promotion to CPT, effective 
6 January 1946, and it was not the result of a subsequent unauthorized alteration to the WD AGO Form 53-98.  As a result, it would be appropriate to issue the applicant a correction to his WD AGO Form 53-98 that confirms the entry in item 3 should be CPT. 


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 an amendment of the ABCMR’s decision in Docket Number AR20080016614, dated 17 March 2009.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 3 of his WD AGO Form 53-98 by deleting the current entry and replacing it with the entry "CPT"; and by providing him a correction 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)                                         AR20090009469



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ABCMR Record of Proceedings (cont)                                         AR20090009469



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