IN THE CASE OF:	  

		BOARD DATE:	  9 November 2010

		DOCKET NUMBER:  AR20100013926 


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 reconsideration of the original request submitted by his now deceased father, a former service member (FSM), for correction of his WD AGO Form 53-55 (Enlisted Records and Report of Separation - Honorable Discharge) to show his grade as that of a staff sergeant (S/Sgt).

2.  The applicant states he wants to set his father's records straight for his service marker. This would mean a lot to him.  He came home from the war on a hospital ship and he was not interested in fixing his records at the time.  However, new documents were found that show his grade was that of "S/Sgt."  

3.  The applicant provides copies of the following documents:

* A newspaper article
* Form 55-H-1 (Temperature - Treatment - Nurse's Notes)
* Form 55F (Progress Notes)
* WD AGO Form 8-33 (Final Diagnosis)
* Form 55A (Clinical Record Brief) 
* Disposition Board Proceedings
* Death certificate
* Domiciliary letter

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 AR20090012407, on 18 March 2010.

2.  The applicant submitted copies of a newspaper article, the FSM's treatment and nurse's notes, progress notes, final diagnosis, clinical record brief, and disposition board proceedings, which were not previously reviewed by the ABCMR.  Therefore, they are considered new evidence and as such warrant consideration by the Board.

3.  The FSM'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 his 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.

4.  His WD AGO Form 53-55 shows he was inducted in the Army of the United States on 24 March 1943 and entered active duty at Camp Grant, IL, on 31 March 1943.  This form also shows at the time of his separation, he held military occupational specialty 746 (Automatic Rifleman) and he was assigned to Company G, 22nd Infantry, 4th Infantry Division.

5.  His WD AGO Form 53-55 shows he departed continental United States (CONUS) on 13 May 1944 and arrived in the European Theater of Operations (ETO) on 24 May 1944.  He departed the ETO on 6 February 1945 and arrived back in CONUS on 16 February 1945.  

6.  He completed 1 year, 11 months, and 3 days of continental service and 9 months and 4 days of foreign service.  

7.  His records also contain a copy of Group Orders Number 7H, issued by the Army Service Forces, Sixth Service Command, Camp Grant, IL, on 5 December 1945, assigning him to Detachment 1, Separation Center Number 49, in the grade of private first class (PFC). 

8.  His records contain a WD Form 372A, dated 7 December 1945, that show upon his separation from the Army, he held the grade of PFC and received his final payment as a PFC. 

9.  He was honorably separated on 7 December 1945.  Item 3 (Grade) of his WD AGO Form 53-55 shows his grade at the time of separation was that of a PFC and item 38 (Highest Grade Held) also shows the entry "PFC." 

10.  The applicant submitted the following documents:

* A newspaper article, referring to his award of the Purple Heart
* Form 55-H-1, dated 23 February 1943, admitting him to a hospital ward.  This form listed his grade as "S/Sgt"
* Form 55F, showing his medical progress.  This form also listed his grade as that of a "S/Sgt"
* WD AGO Form 8-33, dated 23 February 1945, showing his formal transfer from a general hospital to Staten Island, NY.  This form listed his grade as that of a "S/Sgt"
* Form 55A, dated 11 December 1994, showing his final diagnosis of trench foot.  This form also listed his grade as that of a "S/Sgt"
* Disposition Board Proceedings, dated 26 December 1944, a determination of fitness or unfitness for duty determining by reason of a trench foot.  This form also listed his grade as "S/Sgt"

11.  War Department Technical Manual 12-236 (Preparation of Separation Forms) provides that the appropriate separation form will be prepared for all enlisted personnel separated from the service by reason of discharge, retirement, or release from active duty or transfer to a Reserve Component.  This manual states that item 3 shows the grade held by the enlisted member at the time of separation and item 38 shows the highest grade held by the enlisted member during current period of active duty.  Additionally, item 55 is used for completion of entries specified in War Department Directives.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the FSM sustained a cold weather injury during World War II and he was subsequently transferred from a field hospital in December 1944.  He underwent examinations and treatment and he was diagnosed with trench foot caused by exposure in Germany.  He was ultimately separated on 7 December 1945.  

2.  The various medical documents related to his cold weather injury listed his grade as that of S/Sgt.  However, his pay record, separation order, and separation document listed his rank as that of a PFC.  In the absence of official orders announcing his promotion, appointment, or reduction, it appears at some stage during his military service, he held the grade of S/Sgt and at the time of his separation, he held the grade of PFC.  

3.  Therefore, in the interest of justice and equity, the highest grade he held should be corrected in item 38 to show "S/Sgt" while the grade at the time of separation in item 3 should remain as "PFC." 
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 amendment of the ABCMR’s decision in Docket Number Docket Number AR20090012407, on 18 March 2010.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 38 of his WD AGO Form 53-5 the entry "PFC" and adding the entry "S/Sgt."



      _______ _   _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)                                         AR20100013926



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100013926



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1