BOARD DATE: March 9, 2010
DOCKET NUMBER: AR20090011800
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 WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), be corrected to show he was released from active duty in the rank of sergeant (SGT).
2. The applicant states, in effect, his discharge document shows his rank as corporal (CPL) and he was promoted to SGT during a field commission. He was promoted to a field commission squad leader 4 months prior to the end of World War II.
3. The applicant provides no additional documentation 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 FSM'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 applicants available military records show he was inducted into the Army of the United States on 31 July 1944 and entered on active duty the same day. He served as a squad leader in the European Theater of Operations from 15 January 1945 to 20 May 1946. His service records show he was promoted to CPL prior to separation. He was honorably discharged from active duty due to demobilization on 4 June 1946 in the rank of CPL.
4. Entries on the applicants WD AGO Form 53-5, Item 3 (Grade), show his rank as CPL. Item 38 (Highest Grade Held) shows the rank of CPL.
5. During World War II a battlefield commission/field commission was awarded to enlisted Soldiers who were promoted to the rank of commissioned officer for outstanding leadership on the field of battle. A battlefield promotion was an advancement in rank that generally occurred while deployed in combat.
DISCUSSION AND CONCLUSIONS:
1. In view of the circumstances in this case, the applicant is not entitled to correction to his WD AGO Form 53-55 to reflect his rank as SGT.
2. The applicant's contentions have been considered. 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). It is concluded that his WD AGO Form 53-55 is correct in showing his rank as CPL.
3. 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.
4. 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.
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