IN THE CASE OF:
BOARD DATE: 28 January 2010
DOCKET NUMBER: AR20090011466
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 correction of his records to show he held the rank of staff sergeant (SSG).
2. The applicant states, in effect, he served in a squad leader position while in combat during World War II. He adds he was severely wounded on
24 December 1944 and it appears that his records were not updated to show he held the rank of SSG.
3. The applicant provides, in support of his application, copies of his separation qualification record and honorable discharge certificate.
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 service 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 applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) shows he was inducted into the Army of the United States on 17 December 1943, he entered active duty on 7 January 1944, and he was honorably discharged on 3 February 1946. It shows in:
a. item 3 (Grade) the entry "SGT" [sergeant];
b. item 34 (Wounds Received In Action) that he was wounded in France on 23 December 1944; and
c. item 38 (Highest Grade Held) the entry "SGT."
4. A WD Form 372A (Final Payment - Work Sheet) shows the applicant's net pay when he was discharged on 3 February 1946. This document also shows the applicant's rank as "SGT."
5. In support of his application, the applicant provides the following documents.
a. His WD AGO Form 100 (Separation Qualification Record). Item 3 (Grade) shows the entry "Sgt." The Military Occupational Assignments section, in pertinent part, shows the applicant served 4 months in the rank of SGT in Military Occupational Specialty (MOS) 745 (Squad Leader) and 7 months in the rank of SGT in MOS 821 (Supply Noncommissioned Officer); and
b. His Army of the United States, Honorable Discharge Certificate, which shows he was discharged on 3 February 1946 in the rank of sergeant.
6. There is no evidence available that shows the applicant was promoted to the rank of SSG or that he served in a SSG position.
7. War Department Technical Manual (TM) 12-235 (Enlisted Personnel - Discharge and Release from Active Duty), dated January 1945, provides uniform procedures in discharging or releasing personnel from active duty. The instructions for completing the WD AGO Form 53-55 states that the form is completed from the Service Record, Soldier's Qualification Card, Immunization Register, and information ascertained by interview with the dischargee. The instructions for item 3 state to enter the grade held at time of separation and for item 38 to enter the highest grade in current period of active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his records should be corrected to show he held the rank of SSG because he served in a squad leader position, but his records were not updated because he was severely wounded and medically evacuated.
2. Records show the applicant served 4 months as a squad leader and the rank he held at the time was SGT.
3. There is no evidence in the applicant's available military service records that show he served in a SSG position or held the rank of SSG.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, 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.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X__ ____X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our
Nation. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20090011466
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090011466
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2007 | 20070006104C071029
During its original review of the case, the Board found that in the absence of evidence to the contrary and at 60 years removed, it must be presumed that the applicant was not promoted to SSG because there was no vacancy in that grade at the time, and it concluded there was insufficient evidence to support granting the requested relief. He states the resulting vacancy was filled by promoting the next in rank (CPL 1st Gunner), which was him, to squad leader, which called for a rating of SSG...
ARMY | BCMR | CY2003 | 2003091305C070212
Further, the applicant's separation qualification record shows that while he was serving in the position of squad leader he held the grade of PFC. The applicant's military records contain an honorable discharge certificate, dated 30 April 1946, which further shows that he was a PFC when he was separated from the Army The records show the applicant should have discovered the error or injustice now under consideration on 30 April 1946, the date of his separation from active duty.
ARMY | BCMR | CY2013 | 20130021553
The applicant requests the WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Service) of his deceased father, a former service member (FSM), be corrected to show his grade as staff sergeant (S/Sgt) vice sergeant (Sgt) and the following awards: * European-African-Middle Eastern Campaign Medal with 3 bronze service stars (instead of 2 stars) * Belgian Fourragere Lanyard * Purple Heart * Prisoner of War (POW) Medal * Expert Marksmanship Qualification Badge with Carbine...
ARMY | BCMR | CY2009 | 20090011800
The applicant states, in effect, his discharge document shows his rank as corporal (CPL) and he was promoted to SGT during a field commission. The available evidence shows the highest rank the applicant satisfactorily held was the rank of CPL. There is no evidence in the available record and none was provided by the applicant to show he was promoted to SGT during a field promotion prior to 4 June 1946 (his date of separation).
ARMY | BCMR | CY2008 | 20080014025
On 9 January 2009, the applicant was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) which shows the Bronze Star Medal, the European-African-Middle Eastern Campaign Medal with four bronze service stars, the Army of Occupation Medal with Germany Clasp, and the entry "CITATION OF THE DAY OF THE BELGIUM ARMY" were added to his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge). Army Regulation 600-8-22...
ARMY | BCMR | CY2009 | 20090003316
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) with the period ending 22 June 1945 by showing his rank as staff sergeant (S/Sgt, Grade 3). The applicant states that his Army Separation Qualification Record shows that he was upgraded to the rank of S/Sgt and that he supervised a squad of riflemen in combat, an assignment which a sergeant (Sgt, Grade 4) would not have been given. The applicant's WD AGO Form 53-55...
ARMY | BCMR | CY2009 | 20090000906
The applicant provides a self-authored statement, WD AGO Form 100 (Separation Qualification Record), WD AGO Form 53-55, discharge certificate, and photocopies of a dog tag and ribbons/patches in support of his application. Although the applicant did not request this awards correction, given the correction to his WD AGO Form 53-55 is based on the error in his unit designation, it would be appropriate and serve the interest of justice and equity to award him the BSM and to add these awards to...
ARMY | BCMR | CY2004 | 2004103091C070208
Letters from TAGO representatives dated 12 July 1946, 17 December 1946 and 6 September 1950 and a first endorsement, dated 14 September 1950, all indicate the applicant’s records confirmed he was promotion to PFC on 1 April 1944, CPL on 23 August 1945 and that there was no record found to show he was ever promoted to SGT while serving on active duty. The evidence of record confirms the applicant was promoted to CPL on 23 August 1945 under a special POW promotion policy and that he held...
ARMY | BCMR | CY2009 | 20090021262
The applicant states that his discharge paperwork should be corrected to reflect his grade as SGT based upon the fact he served twice in a billet requiring that grade. The applicant's available record contains no evidence and he has failed to provide any evidence showing he was promoted to the grade of SGT. His record contains no evidence and he has failed to provide any evidence showing he was promoted to the grade of SGT.
ARMY | BCMR | CY2005 | 20050002101C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 October 2005 DOCKET NUMBER: AR20050002101 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, in effect, correction of his records to show he was promoted. The applicant’s military records were not available to the Board.