IN THE CASE OF:
BOARD DATE: 4 January 2011
DOCKET NUMBER: AR20100014937
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 military records to show he was promoted to staff sergeant.
2. The applicant states he was assigned as a personnel noncommissioned officer (NCO) in the rank of technician 4th Grade (T4). The company commander assured him he would be promoted to staff sergeant prior to discharge in March 1946. He further contends that personnel NCO's in the European Theater of Operations (ETO) were normally given the rank of staff sergeant, particularly those who were in company redeployments back to the United States. The applicant was inadvertently overlooked for this promotion in order to expedite the redeployment process. The applicant does not feel there is an injustice, only an oversight caused by the need to expedite personnel for discharge. The applicant does not seek entitlements other than the honor of receiving a fourth stripe to the rank of staff sergeant which would make an old Soldier very proud indeed.
3. The applicant provides copies of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), WD AGO Form 100 (Separation Qualification Record), and a letter he wrote to his Congressman.
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 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 in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, the documents provided by the applicant are sufficient for the Board to conduct a fair and impartial review of this case.
3. The applicant's WD AGO Form 53-55 shows:
a. he entered active duty service on 2 June 1943;
b. he served in the ETO from 30 April 1944 to 2 March 1946;
c. he held military occupational specialty (MOS) 502 (Personnel NCO);
d. he was assigned to the 947th Ordnance Motor Vehicle Distribution Company;
e. he attained the rank of T4; and
f. he was honorably discharged on 16 March 1946.
4. The applicant's WD AGO Form 100 shows he served as a personnel NCO for 18 months in MOS 502; and worked in a company orderly room and performed various clerical duties.
5. Army Regulation 615-5, then in effect, provided that enlisted soldiers who were eligible for promotion would be recommended in writing, approved by the appropriate authority, and orders issued confirming the promotion.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his military records should be corrected to show he was promoted to staff sergeant prior to discharge because his company commander had assured him he would be so promoted. He further argues that it was normal for personnel NCO to be promoted to staff sergeant, especially when they were redeploying to the United States.
2. The available evidence clearly shows that the applicant had served as a personnel NCO for 18 months in the rank of T4. Unfortunately, there is no available documentary evidence showing that he had been recommended for promotion to staff sergeant prior to discharge. Without his service records or other supporting documentation, the Board cannot make an appropriate determination in this case.
3. This action in no way diminishes the sacrifices made by the applicant in his service to our Nation. The applicant should be justifiably proud of his service in arms.
4. In view of the above, the applicant's request should be denied.
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.
ABCMR Record of Proceedings (cont) AR20100014937
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100014937
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