IN THE CASE OF:
BOARD DATE: 10 March 2011
DOCKET NUMBER: AR20100023078
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 that his records be corrected to show he was promoted to the rank of private first class (PFC) at the time of discharge.
2. The applicant states at the end of World War II (WWII) all privates were promoted to the rank of PFC; however, this was not done in his case. He also states that at the end of the war his corporal told him that he asked his sergeant why the applicant was not promoted and the sergeant told him that he thought the applicant was already a PFC, so he assumed that he would receive his promotion, but never did.
3. The applicant provides:
* His WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge)
* His Honorable Discharge Certificate
* A Certificate of Appreciation from the Secretary of the Army
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 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 reconstructed record to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States on
28 December 1942 and he entered active duty in Brooklyn, New York on
4 January 1943. He completed his training and was departed for the European Theater of Operations (ETO) on 12 November 1943.
4. He arrived in the ETO on 20 November 1943 and he participated in the Normandy, Northern France, Ardennes, Central Europe and Rhineland Campaigns. He departed the ETO on 25 July 1945 for Camp Cooke, California where he remained until he was honorably discharged in the rank of private on 11 October 1945.
5. His WD AGO Form 53-55 shows the highest rank he held was that of a private.
6. On 5 December 1944, change 5 to Army Regulation 615-5 (Appointment and Reduction of Noncommissioned Officers and Privates, Privates First Class) was released which encouraged commanders to promote privates who were not disqualified for promotion and particularly those assigned to combat duty or close combat support.
7. On 29 October 1945, change 8 to Army Regulation 615-5 was released which clarified that change 5 was not intended to be an automatic promotion of all privates but was intended to be reserved for those qualified but denied promotion because of a lack of unit vacancies in the rank of PFC.
8. War Department Message from the Military Personnel Division, Army Service Force, dated 21 September 1945, Subject: POW Promotions (also known as Project R), directed that Soldiers who were prisoners of war (POW) for
18 months or longer, under honorable conditions, would receive a promotion of one grade if not previously promoted after return to military control.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he should have been promoted to the rank of PFC is not in doubt, there is insufficient evidence to support his claim.
2. The staff of the ABCMR is unaware of any authority in effect at the time that provided for a one-grade promotion of privates at the end of WWII solely based on time served. However, there was a policy that authorized a one-grade promotion of returned POWs under certain circumstances, one being that the individual had to have been a POW for at least 18 months.
3. Inasmuch as the applicant has not provided such an authority for an automatic promotion and since the available authority shows that promotions were within the authority and discretion of the commander at the time, it must be presumed that the applicant was not recommended for promotion to the rank of PFC.
4. The available evidence does not support granting the applicant's request.
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 that 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 applicant in service to the United States during WWII. The applicant and all Americans should be justifiably proud of his 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) AR20100023078
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ABCMR Record of Proceedings (cont) AR20100023078
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