IN THE CASE OF:
BOARD DATE: 20 March 2012
DOCKET NUMBER: AR20120004185
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 a Technician Fourth Grade (T-4) instead of corporal (Cpl).
2. The applicant states the Army promoted him to Technician Fourth Grade but mistakenly discharged him as a CPL. He once pursued the issue but he was told the records have been burned. He has remained silent about the issue for a long time but he now feels the record should be corrected. He has one document supporting his claim, although any existing payroll records should reflect his T-4 grade. He served voluntarily and honorably in the 422nd and he feels he deserves recognition for the rank he earned.
3. The applicant provides:
* Honorable Discharge Certificate
* Certificate of Achievement
* WD AGO Form 53-55
* A letter from his son to his Member of Congress
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, Certificate of Achievement, and WD Form 866a (Final Payroll).
3. The applicant's WD AGO Form 53-55 shows he enlisted in the Regular Army on 8 November 1945. At the time of separation, he held military occupational specialty 931 (Vehicle Driver) and he was assigned to Headquarters and Headquarters Company, 51st Quartermaster Base Depot.
4. His WD AGO Form 53-55 also shows he departed the continental United States (CONUS) on 24 July 1947 and arrived in the Asiatic Pacific Theater (APT) on 3 August 1947. He departed the APT on 2 September 1947 and arrived back in CONUS on 8 September 1947.
5. He was honorably separated on 5 October 1948. He completed 2 years, 10 months, and 27 days of creditable active service. His WD AGO Form 53-55 shows in:
* item 3 (Grade) shows "Cpl 9 September 1946"
* item 38 (Highest Grade Held) shows "Cpl."
6. He submits a certificate of achievement, issued by the Commander of the Army Task Group on 19 May 1948 recognizing his outstanding performance. The certificate listed his rank as a "Technician Fourth Grade."
7. 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.
8. The Enlisted Grade Structure in the Army has changed several times since 1942. Prior to 1 September 1942, the Army followed the following enlisted grade structure:
* Grade 1 Master Sergeant (M/Sgt)
* Grade 2 Technical Sergeant and First Sergeant (T/Sgt & 1st Sgt)
* Grade 3 Staff Sergeant and Technician 3rd Grade (S/Sgt & Tec 3rd Gr)
* Grade 4 Sergeant and Technician 4th Grade (Sgt & 4th Gr)
* Grade 5 Corporal and Technician 5th Grade (Cpl & Tech 5th Gr)
* Grade 6 Private First Class (Pvt 1st Class)
* Grade 7 Private (Pvt)
9. During the period 1 September 1942 through 1 August 1948, the Army followed the following enlisted grade structure:
* Grade 1 Master Sergeant (M/Sgt & 1st Sgt)
* Grade 2 Technical Sergeant (T/Sgt)
* Grade 3 Staff Sergeant and Technician 3rd Grade (S/Sgt & Tec 3rd Gr)
* Grade 4 Sergeant and Technician 4th Grade (Sgt & Tec 4th Gr)
* Grade 5 Corporal and Technician 5th Grade (Cpl & Tec 5th Gr)
* Grade 6 Private First Class (Pvt 1st Class)
* Grade 7 Private (Pvt)
10. During the period 1 August 1948 through 30 September 1949, the Army changed the enlisted grade structure as follows:
* Grade 1 Master Sergeant (M/Sgt)
* Grade 2 Sergeant First Class (SFC)
* Grade 3 Sergeant (Sgt)
* Grade 4 Corporal (Cpl)
* Grade 5 Private First Class (PFC)
* Grade 6 Private (Pvt)
* Grade 7 Recruit (Rct)
11. There were other changes on 1 October 1949, 21 January 1951, and 1 July 1958. However, on 1 June 1958, the Army changed the enlisted rank structure to the one we know today.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served on active duty from 8 November 1945 to 5 October 1948. The highest grade he attained during his military service was Grade 4.
2. Prior to 1 August 1948, Grade 4 appeared as a Technician Fourth Grade on the service records, including the discharge document. As such, the certificate he received on 19 May 1948 correctly listed his grade of "Technician Fourth Grade" because the Army identified Grade 4 as a Technician Fourth Grade.
3. Between 1 August 1948 and 30 September 1949, the Army maintained the same grades as prior to 1 August 1948; however, it renamed the ranks associated with each grade. During this period, the corresponding rank associated with Grade 4 was "Cpl." This structure change did not impact the applicant's pay grade.
4. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. There is a reluctance to recommend that those records be changed. While it is understandable the applicant desires his grade to show Technician Fourth Grade, this is not a sufficiently compelling reason for compromising the integrity of the Armys records 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.
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 our Nation. 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) AR20120004185
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ABCMR Record of Proceedings (cont) AR20120004185
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