IN THE CASE OF:
BOARD DATE: 4 January 2011
DOCKET NUMBER: AR20100017704
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 his previous request that his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show he was separated in the rank of sergeant.
2. The applicant states he believes he is entitled to the rank of sergeant. He states that his WD AGO Form 100 (Separation Qualification Record) shows he was a squad leader which he believes entitles him to an increase of his rank form corporal to sergeant.
3. The applicant provides copies of the following:
* WD AGO Form 100
* A handwritten note
* WD AGO Form 53-55
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 AR20090011800, on 9 March 2010.
2. The applicant was inducted into the Army on 31 July 1944. He was awarded a squad leader military occupational specialty.
3. He was honorably discharged on 4 June 1946 for the convenience of the government, due to demobilization. His WD AGO Form 53-55 shows he was discharged in the rank of corporal. His WD AGO Form 53-55 also shows that the highest rank he held while in the Army was corporal.
4. The applicants WD AGO Form 100 shows he held the rank of corporal for 3 months prior to being discharged.
5. A review of the available records fails to reveal that the applicant was ever promoted to the rank of sergeant while he was in the Army.
6. The applicant submits as new evidence a handwritten note in which he states:
* He has no proof of being promoted to a Battlefield Commission Squad Leader with the rank of sergeant
* He was verbally told by his platoon sergeant he was promoted to Battlefield Commission Squad Leader of his squad
* He was told that legal documents would follow to Headquarters to upgrade his rank to sergeant
* He was given a corporal rating with the promise of upgrading his rank to sergeant in approximately 4 months
* The war in Germany ended and he stayed with the corporal rating
* He did not pursue the promise because he was looking forward to going home
* Being so young, he did not know any better
* He has been thinking about it lately and be feels very bad about not being promoted to sergeant
* A squad leader is the title of a sergeant
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been considered. However, the available records do not reveal that he was ever promoted beyond the rank of corporal.
2. His contention that he was verbally promised a promotion to the rank of sergeant as also been considered. However, there is no evidence in the available record, nor has he submitted any evidence, to support his contention.
3. The fact that he was performing the duties of a squad leader does not constitute entitlement to a promotion to sergeant. There are no orders contained in the available record showing he was promoted to sergeant while he was in the Army.
4. In the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct. His handwritten notes contending a verbal promise of promotion is not a basis for grant his request.
5. In view of the foregoing, the applicants 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 to amend the decision of the ABCMR set forth in Docket Number AR20090011800, dated 9 March 2010.
_______ _ __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) AR20090005994
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100017704
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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