BOARD DATE:	  9 December 2010

		DOCKET NUMBER:  AR20100015425 


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 the military records of her father, a former service member (FSM), to show the highest rank he held was sergeant.

2.  The applicant states, in effect, information she has gathered shows the rank on her father's grave marker in Margraten Cemetery, Netherlands, as private first class (PFC); however, it should show sergeant (SGT).

3.  The applicant provides copies of her birth certificate, a Seventh Armored Division Association Workshop News bulletin, and five letters.

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 FSM's WD AGO Form 24 (Service Record) shows he was inducted into the Army of the United States on 29 December 1942.

	a.  Military Record (Appointment, Promotion, or Reduction, with Authority Therefore) shows the highest rank the FSM attained was PFC on 5 August 1943 per Orders Number 14, Company F, 417th Infantry Regiment [page 5].

	b.  Final Indorsement, dated 13 April 1945, shows the FSM was killed in action (KIA) on 28 March 1945 [page 23].  It also shows the FSM's rank at the time as "PFC."

3.  The FSM's military service records show he was awarded the Bronze Star Medal with "V" Device, Purple Heart, Army Good Conduct Medal, European-African-Middle Eastern Campaign Medal with one bronze service star, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle (M-1) and Light Machine Gun Bars, Sharpshooter Marksmanship Qualification Badge with Carbine Bar, and Marksman Marksmanship Qualification Badge with Pistol (.45 caliber) Bar.

4.  A Grave's Registration Form Number 1 (Report of Burial) [Restricted], dated 7 April 1945, show the remains of the FSM were buried at Ittenbach Cemetery Number 1.  This document shows the FSM's rank recorded as "PFC."

5.  Company B, 23rd Armored Infantry Battalion, letter, dated 15 April 1945, shows that Captain K____ H. P____, the company commander, expressed his deep regret to the FSM's wife, Mrs. B____ N. B____, in the death of her husband on 28 March 1945.  The company commander referred to the FSM in his letter as "Private First Class Clyde W. B____.

6.  A WD AGO Form 0365 (Battle Casualty Report), dated 20 April 1945, shows evidence was received in the War Department on 20 April 1945, that confirmed the FSM was KIA in Germany on 28 March 1945.

7.  A Grave's Registration Form Number 1 [Restricted], dated 26 August 1945 (Reburial), shows the remains of the FSM were buried at Margraten Cemetery in Grave Number 215, Row Number 9.  This document shows the FSM's rank recorded as "PFC."

8.  The FSM's military service records do not contain any orders or other evidence that shows he was promoted to SGT during the period of service under review or that he was posthumously promoted to SGT.

9.  In support of the application, the applicant provides the following documents:

	a.  Seventh Armored Division Association Workshop News Volume 63, Number 4, Summer 2009, shows Mr. G____ M____, Netherlands, wrote that he had adopted the FSM's grave and asked Mr. C____ E. B____ (the editor) if he could provide additional information pertaining to the FSM.  The editor responded "from Cemetery listings I found [the FSM] was a PFC in the 23rd Infantry Battalion.  His date of death shows as March 28, 1945."

	b.  A letter from Mr. R____ T. H____, dated 2 August 2009, states he was the company clerk for Company B, 23rd Armored Infantry Battalion, and it was his responsibility to maintain the duty status of the company's personnel.  He states, "I do recall getting a company order from the First Sergeant promoting [the FSM] from PFC to SGT for the upcoming payroll."

	c.  Two letters from Mr. H____ C. F____, dated 1 September 2009 and 16 May 2010, which states he was a second lieutenant and the FSM's platoon leader in Company B, 23rd Armored Infantry Battalion, 7th Armored Division.  He also states the FSM was the squad leader of the 2nd Squad in his platoon and that he promoted the FSM from PFC to SGT on 1 March 1945.  He adds that Mr. R____ T. H____, the company clerk, remembers the FSM being an SGT.

		(1)  Mr. F____ recounts the battle and circumstances of the FSM's death on 28 March 1945.

		(2)  He states that Mr. G____ M____ has adopted and taken care of the grave of the FSM and reports that the grave marker shows the FSM's rank as "PFC."

		(3)  Mr. F____ asserts that he promoted the FSM and his rank on the grave marker should be changed from "PFC" to "SGT."

	d.  A letter from Mr. G____ M____ to Mr. H____ C. F____, dated 10 September 2009, which states he was born in the Netherlands and lives not far from the German border.  He states, in pertinent part, "I read about the wrong listing of Clyde.  I will try to change it in all the books and on the Internet, I don't think that will be such a difficult job, I will do that for Clyde!"

	e.  A letter from Senator B____ N____ to Mr. H____ C. F____, dated 11 December 2009, forwarding a letter from Mr. F____ K____, Director, Memorial Service Network II, dated 7 December 2009, states the cemetery where the FSM rests is not under his purview.  He advises that it is administered by the American Battle Monuments Commission (ABMC) and he provides the address for the ABMC.

	f.  An extract from the ABMC website, The World War II Honor Roll, shows the remains of the FSM (i.e., PFC Clyde W. B____) are buried in the Netherlands American Cemetery, Margraten, Netherlands.

10.  The enlisted grade structure of the Army from 1 September 1942 to 1 August 1948, in pertinent part, shows that promotion of enlisted Soldiers progressed from private to private first class, to corporal or technician fifth grade, and then to sergeant or technician fourth grade.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the military service records (and grave marker) of the FSM should be corrected to show his rank as SGT because he was promoted to SGT on 1 March 1945.

2.  The evidence of record shows the FSM was KIA during World War II in Germany on 28 March 1945.  The evidence of record also consistently shows the FSM's rank at the time as "PFC."  There is no official evidence the FSM was promoted to SGT.  In fact, there is no evidence the FSM was promoted from PFC to corporal or technician fifth grade, which would have been the next progression for promotion in the FSM's case.

3.  The sincerity of the comments of the applicant and of those who provide evidence in support of the application is not in question.  In fact, the Board acknowledges that during World War II it was not uncommon for leaders to assign Soldiers to positions of greater responsibility and also associate the corresponding rank of the duty position with the Soldier.  However, there is no official evidence of record and the evidence provided is insufficient to support correction of the FSM's military service records and grave marker.

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 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 FSM in service to our Nation.  The applicant and all Americans should be justifiably proud of the FSM's 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)                                         AR20100015425



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ABCMR Record of Proceedings (cont)                                         AR20100015425



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