IN THE CASE OF:	  

		BOARD DATE:	    12 April 2012

		DOCKET NUMBER:  AR20110020023 


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, the widow of a deceased former service member (FSM), requests the FSM's grade be changed from "T/3" [Technician Third Grade] to "Sergeant."

2.  The applicant states:

* she would like his Army grave marker to show the insignia of a "Sergeant"
* before his discharge in 1946 he received his stripes as a "T/3"
* the insignia at the time was equivalent to a "Sergeant" rank
* the FSM was discharged as a "Sergeant"

3.  The applicant provides the FSM's:

* Honorable Discharge certificate
* World War II Honoree document
* Birth certificate and death certificate
* WD AGO Form 53-55 (Enlisted Record and Report of Separation)

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.  The FSM’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 that the FSM’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The FSM was inducted into the Army of the United States and entered active service on 20 November 1944.  He served as an automotive mechanic in the European Theater of Operations from 16 April 1945 through 8 August 1946 and was he honorably discharged on 29 August 1946.

4.  Item 3 (Grade) of his WD AGO Form 53-55 shows the entry "T/3" and indicates he was promoted to this grade on 13 June 1946.  Item 38 (Highest Grade Held) of his WD AGO Form 53-55 shows the entry "T/3."

5.  His WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty, or Retirement) and WD AGO Form 100 (Separation Qualification Record) show his grade as "T/3."  
  
6.  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.

7.  The applicant provided a World War II Honoree document which states the FSM served as a "Staff Sergeant" in the infantry.   

8.  The Army's enlisted rank structure has evolved over time.

	a.  In 1920, the Army rank and pay system received a major overhaul.  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 (highest) to 7th Grade (lowest).  The 2nd grade had two rank titles: first sergeant and technical sergeant.

	b.  From 1920 to 1942, there was a rank designated "Private/Specialist" (or simply "Specialist") that was graded in 6 Classes (the lowest being 6th Class and the highest being 1st Class). They were considered the equal of a Private First Class, but drew additional specialist pay in relationship to the specialist level possessed on top of their base Private First Class (Grade Six) pay.  The classes only indicated experience, not seniority, and a Private/Specialist did not outrank a Private First Class.

	c.  During World War II, the Army had a dual rank system for enlisted Soldiers which differentiated between technicians and command ranks.  On 8 January 1942, the rank of Technician was introduced to replace the Private/Specialist rank, which was discontinued.  This gave technical specialists more authority by grading them as noncommissioned officers rather than senior enlisted personnel. They were parallel to pay grades of the time, going in seniority from Technician Fifth Grade (Grade Five), Technician Fourth Grade (Grade Four), and Technician Third Grade (Grade Three).

GRADE
COMMAND RANK
TECHNICIAN RANK
1st Grade
First Sergeant (1st Sgt)

1st Grade
Master Sergeant (M/Sgt)

2nd Grade
Technical Sergeant (T/Sgt)

3rd Grade
Staff Sergeant (S/Sgt)
Technician 3rd Grade (T/3)
4th Grade
Sergeant (Sgt)
Technician 4th Grade (T/4)
5th Grade
Corporal (Cpl)
Technician 5th Grade (T/5)
6th Grade
Private First Class (Pfc)

7th Grade
Private (Pvt)

	d.  A technician was paid according to his grade, was outranked by the corresponding noncommissioned officer [command] grade, but was senior to the next lowest pay grade, and had no direct supervisory authority outside of his specialty.  To reduce the confusion this caused in the field, an embroidered “T” insignia was authorized for wear under the chevrons on 4 September 1942.  The rank was discontinued on 1 August 1948.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the FSM's grade be changed to "Sergeant" on his Army grave marker.

2.  The available evidence shows the FSM was promoted to T/3 on 13 June 1946 and he was discharged in this grade on 29 August 1946.  During World War II, a "T/3" was the technical rank equivalent to the command rank of "S/Sgt" or Staff Sergeant.  However, T/3 was distinct from S/Sgt.


3.  The applicant submitted a "World War II Honoree document" which shows the FSM was a "Staff Sergeant."  This document comes from a database in the National WWII Registry.  Unfortunately, it is an unofficial compilation of public acknowledgements honoring U.S. citizens who helped to win the Second World War.  It is not proof the FSM ever held the rank of S/Sgt.

4.  Since there is no evidence that shows the FSM held the command rank of S/Sgt prior to his discharge, regrettably, there is an insufficient evidentiary basis for converting his grade from T/3 to S/Sgt.

5.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the FSM in service to our Nation.  The applicant and all Americans should be justifiably proud of the FSM's service in arms.

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)                                         AR20110020023



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ABCMR Record of Proceedings (cont)                                         AR20110020023



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