IN THE CASE OF:
BOARD DATE: 14 June 2011
DOCKET NUMBER: AR20100027648
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 WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show his rank as corporal (CPL) instead of private (PVT).
2. The applicant states he served as a CPL.
3. The applicant provides his Honorable Discharge Certificate, WD AGO Form 53-55, and WD AGO Form 100 (Separation Qualification Record).
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 his 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. This case is being considered using reconstructed records, which primarily consist of a WD AGO Form 53-55, WD AGO Form 100 and a WD Form 372A (Final Payment Work Sheet).
3. The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active duty in New York City, NY, on 24 August 1944. At the time of separation, he held military occupational specialty 677 (Military Police) and he was assigned to the 1111th Service Command Unit.
4. His WD AGO Form 53-55 also shows he completed 1 year, 10 months, and
4 days of continental service. He was honorably separated on 27 June 1946. Item 3 (Grade) shows "PVT" and item 38 (Highest Grade Held) shows "CPL."
5. Item 3 (Grade) of his WD AGO Form 100 shows his grade at the time of separation as "PVT." Additionally, item 10 (Military Occupational Assignments) of this form shows he served 3 1/2 months as a PVT, Engineer Basic, and 19 months as a CPL, Military Police.
6. The applicant's WD Form 372A shows he held the rank of PVT on the date of separation, 27 June 1946, and that his final pay was based on this rank.
7. He was issued an Honorable Discharge Certificate on 27 June 1946 that listed his rank as "PVT."
8. War Department Technical Manual 12-236 (Preparation of Separation Forms) provides that the appropriate separation form will be prepared for all enlisted personnel separated from the service by reason of discharge, retirement, or release from active duty or transfer to a Reserve Component. This manual states that item 3 shows the grade held by the enlisted member at the time of separation and item 38 shows the highest grade held by the enlisted member during the current period of active duty.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served in an active duty status from 24 August 1944 to 27 June 1946. While it is clear the applicant held and served in the rank of CPL as evidenced by entries in his WD AGO Form 53-55 and WD AGO Form 100, there is insufficient evidence to show he held that rank at the time of separation.
2. The policy in effect at the time provided for entering the rank a member held on the date of separation in Item 3 and the highest rank a member held in Item 38 of the WD AGO Form 53-55. The applicant's WD AGO Form 53-55 shows he held the rank of PVT at the time of separation and the highest rank he held while on active duty was CPL. There is no evidence that he raised an issue concerning his rank prior to this application.
3. His WD Form 372A, WD AGO Form 100, and Honorable Discharge Certificate indicate he held the rank of PVT on the date of separation, and that he received his final pay based on this rank.
4. In the absence of evidence to the contrary, it appears his rank was properly entered in his separation documents in accordance with the regulatory policy in effect at the time.
5. Thus, there is an insufficient evidentiary basis to show any error or injustice related to the rank that is shown on his separation documents at this late date.
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) AR20100027648
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ABCMR Record of Proceedings (cont) AR20100027648
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