IN THE CASE OF:
BOARD DATE: 22 February 2011
DOCKET NUMBER: AR20100022203
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 rank to show technical sergeant (T/SGT).
2. The applicant states he was promoted to T/SGT on 1 September 1945.
3. The applicant provides a letter dated 1 September 1945 with his request.
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 applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a National Personnel Records Center (NPRC) reconstructed record for the Board to conduct a fair and impartial review of this case. This case is being considered using reconstructed records that primarily consist of the applicants partially legible WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), WD AGO Form 100 (Separation Qualification Record), and the evidence he provides.
3. The applicants WD AGO Forms 53-55 and WD AGO Form 100 show he was inducted into the Army of the United States and entered active duty on 5 May 1943. These documents also show he was honorably separated on 24 October 1945 in the rank of staff sergeant (S/SGT) after completing 2 years, 5 months, and 20 days of active service.
4. The applicant's WD AGO Form 53-55, item 3 (Grade) shows "S/Sgt" and
item 38 (Highest Grade Held) shows "Staff Sergeant."
5. The applicant provides an Assistant Adjutant General, Headquarters, Fourth Service Command, letter dated 1 September 1945, which shows he was temporarily appointed to the rank of T/SGT on 1 September 1945.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his WD AGO Form 53-55 should be corrected to show his rank as T/SGT was carefully considered and found to have merit.
2. The available evidence shows the applicant held the rank of T/SGT at the time of separation from active duty, as evidenced by the letter he provides. Therefore, it would be appropriate and in the interest of justice to grant the applicant relief by correcting item 3 and Item 38 of his WD AGO Form 53-55 by listing his rank as "T/SGT."
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 a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting "S/SGT" from item 3 of his WD ADGO Form 53-55 and adding "T/SGT 1 SEP 45";
b. deleting from item 38 the entry "Staff Sergeant" and adding "Technical Sergeant"; and
c. issuing him a document to reflect these changes.
___________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) AR20100022203
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100022203
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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