IN THE CASE OF:
BOARD DATE: 7 June 2012
DOCKET NUMBER: AR20110024033
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, in effect, change of his grade from S/SGT (staff sergeant)/grade 3 to T/SGT (technical sergeant)/grade 2 on his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) with a date of separation of 23 October 1945.
2. The applicant states in Germany, approximately late February 1945, his captain ordered him to take over M Company, 1st Infantry, and act as platoon leader (as T/SGT) for the unit after their platoon leader was wounded. He did take over and act as T/SGT and platoon leader for a period of about 8 months.
3. The applicant provides:
* WD AGO Form 100 (Separation Qualification Record)
* DA Form 1577 (Authorization for Issuance of Awards)
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. His complete military service 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 his records were lost or destroyed in that fire. This case is being considered using documents he provided and reconstructed records.
3. He was inducted into the Army of the United States on 4 May 1943 and entered active duty on 11 May 1943.
4. His WD AGO Form 100 shows his grade as a S/SGT and his military assignments as:
* private - basic training infantry - 3 1/2 months
* sergeant - squad leader - 6 months
* sergeant - heavy weapons NCO (noncommissioned officer) - 6 months
5. A War Department Form 372A (Final Payment - Work Sheet) shows his final payment from the active Army. His grade is shown as S/SGT.
6. On 23 October 1945, he was discharged. He served 1 year,
11 months, and 7 days overseas and participated in five campaigns. Entries on his WD AGO Form 53-55 show in:
* item 3 (Grade) - S/SGT
* item 38 (Highest Grade Held) - S/SGT
7. There are no available orders showing he was promoted to T/SGT.
8. During the period of his service the highest enlisted grade was grade 1 - master sergeant or 1st sergeant and the lowest enlisted grade was grade 7 - private.
9. Technical Manual 12-235 (Discharge Procedures and Preparation of Separation Forms), in effect at the time, provides that the grade held at the time of separation and the date of rank or appointment will be entered in Item 3 of the WD AGO Form 53-55.
10. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. His WD AGO Form 100 shows his grade as S/SGT. This form does not show the period he states he was assigned as the platoon leader.
2. His WD AGO Form 53-55 shows his highest grade held as S/SGT. The War Department Form 372A shows his final payment was grade of S/SGT when he was discharged.
3. There are no orders available promoting him to T/SGT. Therefore, without any evidence to the contrary, it must be presumed the entry in item 3 of his
WD AGO Form 53-55 showing his grade as S/SGT is correct.
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) AR20110024033
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ABCMR Record of Proceedings (cont) AR20110024033
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