IN THE CASE OF:	  

		BOARD DATE:	  25 April 2013

		DOCKET NUMBER:  AR20120018390 


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 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).

2.  The applicant states she would like the FSM's grave marker be engraved with the rank of Sgt or S/Sgt since the grade of T/3 is equivalent to S/Sgt.  According to the Record of Proceedings she received, the T/3 or S/Sgt ratings were not discontinued until 1 August 1948.  The FSM was discharged on 29 August 1946. 

3.  The applicant provides the FSM's WD AGO Form 53-55.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110020023, on 12 April 2012.

2.  The applicant submitted a new argument.  It is considered new evidence and as such warrants consideration by the Board.

3.  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 his 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.

4.  His WD AGO Form 53-55 shows he was inducted in the Army of the United States and entered active duty in New York City, NY, on 20 November 1944.  This form also shows at the time of his separation, he held an automotive mechanic specialty (306) and he was assigned to Company L, 143rd Infantry.

5.  His WD AGO Form 53-55 shows he departed continental United States (CONUS) on 7 April 1945 and arrived in the European Theater of Operations (ETO) on 16 April 1945.  He departed the ETO on 8 August 1946 and arrived back in CONUS on 25 August 1946.  

6.  He completed 4 months and 21 days of continental service and 1 year, 4 months, and 19 days of foreign service.  

7.  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.  This form also shows he was separated on 29 August 1946 at Fort Dix, NJ, in the grade of T/3, Automotive Mechanic.  His WD AGO Form 100 further shows:

* He was not appointed or promoted to any Noncommissioned Officer (NCO) grades
* He had not completed any military courses or leadership schools 

8.  He underwent a separation physical on 29 August 1946 at Fort Dix, NJ.  His WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty, or Retirement) listed his grade as T/3. 

9.  He was honorably separated on 29 August 1946.  Item 3 (Grade) of his WD AGO Form 53-55 shows his grade at the time of separation was that of a T/3 and item 38 (Highest Grade Held) also shows the entry T/3.

10.  Furthermore, he was issued an Honorable Discharge Certificate that listed his grade as T/3. 

11.  According to the U.S. Army Center for Military History website:

	a.  Between 1920 and 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 private first class (PFC) but drew additional Specialist pay in relationship to the specialist level possessed on top of their base PFC (Grade Six) pay.  The classes only indicated experience, not seniority, and a Private / Specialist did not outrank a PFC. 

	b.  On 8 January 1942, the rank of Technician was introduced to replace the Private/Specialist rank, which was discontinued by 30 June 1942.  This gave technical specialists more authority by grading them as non-commissioned 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 (Fourth Grade), and Technician Third Grade (Third Grade).  A "Technician" was paid according to his grade, was outranked by the corresponding non-commissioned officer 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 finally discontinued on 1 August 1948.

	c.  War Department Circular Number 5, dated 8 January 1942, created and introduced the ranks of Technician Third Grade (T/3), Technician Fourth Grade (T/4), and Technician Fifth Grade (T/5).  These grades replaced the existing specialist ranks.  Initially, these ranks used the same insignia as the Staff Sergeant, Sergeant, and Corporal, but on 4 September 1942, Change 1 to Army Regulation 600-35 added a "T" for "Technician" to the standard chevron design that corresponded with that grade.  A technician was generally not addressed as such but rather as the equivalent line NCO rank in its pay grade, (T/5 as Corporal; T/4 as Sergeant; T/3 as Sergeant or Staff Sergeant).  Officially, a technician did not have the authority to give commands or issue orders but could under combat conditions be placed second in command of a squad by a Sergeant.  Unofficially, most units treated them as though they were of the equivalent rank of the same pay grade.  The Technician ranks were removed from the rank system in 1948. 

12.  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 current period of active duty.  Additionally, item 55 is used for completion of entries specified in War Department Directives.  


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the FSM held the grade of T/3 at the time of his separation in August 1946.  He did not hold the grade of Sgt or S/Sgt.  There is a difference between a T/3 and a Sgt.  Technician did not have the authority to give commands or issue orders but could under combat conditions be placed second in command of a squad by a Sergeant.  Unofficially, most units treated them as though they were of the equivalent rank of the same pay grade.  

2.  A "Technician" was paid according to his grade; however, he was outranked by the corresponding non-commissioned officer grade - but was senior to the next lowest pay grade - and had no direct supervisory authority outside of his specialty.  In other words, the FSM was an Automotive Mechanic Technician Third Grade.  

3.  The FSM received the appropriate entry of T/3 on his WD AGO Form 53-55 and there is no reason to change it. 

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 to amend the decision of the ABCMR set forth in Docket Number AR20110020023, dated 12 April 2012.



      ___________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)                                         AR20120018390





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ABCMR Record of Proceedings (cont)                                         AR20120018390



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