BOARD DATE: 9 August 2011
DOCKET NUMBER: AR20110003110
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 her late husband's records be corrected to show his rank as master sergeant (M/Sgt), not technical sergeant (T/Sgt).
2. The applicant states that promotions orders were in for promotion to M/Sgt.
3. The applicant provides copies of the former service member's (FSM's) death certificate, the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), the FSM's WD AGO Form 100 (Separation Qualification Record), two 1945 letters to the applicant, two air mail envelopes, and a poem.
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. It is believed the applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from documents primarily provided by the applicant.
3. The FSM's WD AGO Form 53-55 shows he served on active duty from 10 April 1943 through 23 December 1945. He was separated in the grade of T/Sgt with the highest grade held as T/Sgt.
4. The FSM's WD AGO Form 100 and his WD Form 372A (Final Payment Work Sheet) show his grade at separation as T/Sgt.
5. The applicant provides two letters and two envelopes from the FSM in 1945. The first letter, dated 19 October 1945, states the FSM was expecting a promotion and should get "one, two, or three" soon. No signature or grade is listed on this letter. The second letter, dated 22 November 1945, indicates the FSM was expecting to be home in 5 weeks. It is signed with a grade of T/Sgt. The envelope, dated 5 November 1945, shows the FSM as staff sergeant while the 23 November 1945 envelope shows the FSM as T/Sgt.
DISCUSSION AND CONCLUSIONS:
1. The record does not show and the applicant has not provided any evidence to show the FSM was selected for or promoted to the rank and grade of M/Sgt.
2. Without official orders showing the FSM was promoted to M/Sgt, it is not appropriate to change his record to show his rank as M/Sgt.
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 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) AR20110003110
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110003110
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130021553
The applicant requests the WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Service) of his deceased father, a former service member (FSM), be corrected to show his grade as staff sergeant (S/Sgt) vice sergeant (Sgt) and the following awards: * European-African-Middle Eastern Campaign Medal with 3 bronze service stars (instead of 2 stars) * Belgian Fourragere Lanyard * Purple Heart * Prisoner of War (POW) Medal * Expert Marksmanship Qualification Badge with Carbine...
ARMY | BCMR | CY2012 | 20120018390
The applicant requests reconsideration of her original request that the WD AGO Form 53-55 (Enlisted Records and Report of Separation - Honorable Discharge) of her deceased husband, a former service member (FSM), be corrected to show his grade as that of a sergeant (Sgt) or staff sergeant (S/Sgt) instead of Technician Third Class (T/3). His WD AGO Form 100 (Separation Qualification Record) shows he held the grade of private first class for 7 months and the grade of T/3 for 10 months. The...
ARMY | BCMR | CY2011 | 20110020023
The applicant, the widow of a deceased former service member (FSM), requests the FSM's grade be changed from "T/3" [Technician Third Grade] to "Sergeant." There is no evidence in the available records which shows the FSM held the rank of "Sergeant" prior to his discharge on 29 August 1946. All enlisted and noncommissioned ranks were reduced from 128 different insignias and several pay grades to only 7 rank insignias and 7 pay grades, which were numbered in seniority from 1st Grade...
ARMY | BCMR | CY2012 | 20120011335
The applicant, the son of a deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable) to show his grade as Technical Sergeant (T/Sgt) instead of "PFC" (Private First Class). All enlisted and noncommissioned ranks were reduced from 128 different insignias and several pay grades to only seven rank insignias and seven pay grades, which were numbered in seniority from 1st Grade (highest) to 7th Grade (lowest). ...
ARMY | BCMR | CY2010 | 20100007578
Army medical records from 1941 show the date he was wounded in action as 14 October 1943 and not 18 September 1943 as shown on his WD AGO Form 53-55. There are no general orders in the available records that show award of the Silver Star. The applicant contends that her father's WD AGO Form 53-55 should be corrected to show the Silver Star, his rank as a S/Sgt, and the date wounded as 14 October 1943.
ARMY | BCMR | CY2011 | 20110024033
His WD AGO Form 100 shows his grade as S/SGT. _______ _ __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) AR20110024033 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110024033 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2010 | 20100022203
The applicant requests correction of his rank to show technical sergeant (T/SGT). The applicants military records are not available to the Board for review. 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.
ARMY | BCMR | CY2011 | 20110004462
The FSM's military records are not available to the Board for review. He was separated in the rank of CPL. There is no evidence the FSM was again advanced to or served in the rank of SGT prior to his discharge.
ARMY | BCMR | CY2004 | 20040007424C070208
The applicant requests, in effect, that the records of her deceased husband, a former service member (FSM), be corrected to show he was promoted to sergeant (SGT). There is no indication in the available documents on file in the FSM’s reconstructed record that shows he was ever recommended for, or promoted to the rank of SGT during his tenure on active duty. However, absent some evidence of record to confirm the applicant was ever recommended for and/or promoted to SGT by proper authority...
ARMY | BCMR | CY2009 | 20090021262
The applicant states that his discharge paperwork should be corrected to reflect his grade as SGT based upon the fact he served twice in a billet requiring that grade. The applicant's available record contains no evidence and he has failed to provide any evidence showing he was promoted to the grade of SGT. His record contains no evidence and he has failed to provide any evidence showing he was promoted to the grade of SGT.