IN THE CASE OF:
BOARD DATE: 20 August 2013
DOCKET NUMBER: AR20130000361
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 grandson of a deceased former service member (FSM), requests correction of his grandfather's WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) to show his rank as sergeant (SGT) instead of private (PVT).
2. The applicant states the FSM held the rank of SGT and his WD AGO Form 53-55 shows his ending rank was PVT. There are no records stating why his rank changed from SGT to PVT.
3. The applicant provides the FSM's WD AGO Form 53-55, a birth certificate, and three death certificates.
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 19 February 1942. He was discharged on 27 March 1946.
4. His WD AGO Form 53-55 and Honorable Discharge Certificate both show his rank was PVT at the time of his discharge. His WD AGO Form 53-55 shows his highest grade held was SGT. The FSM authenticated this form with his signature.
5. His Final Payment-Worksheet shows his rank as PVT. The FSM authenticated this form with his signature.
6. There is no evidence of record that shows he held the rank of SGT at the time of his discharge on 27 March 1946.
7. Department of the Army Technical Manual TM 12-235 (Discharge Procedures and Preparation of Separation Forms) established the policies and procedures for completion and distribution of the WD AGO Form 53-55 during World War II. This regulation directed to enter grade held at time of separation and date of rank or appointment in item 3 of the WD AGO Form 53-55.
DISCUSSION AND CONCLUSIONS:
1. The available evidence show that at the time of the FSM's discharge on
27 March 1946, his rank was PVT, which is reflected on his WD AGO Form 53-55.
2. The FSM's WD AGO Form 53-55 shows the highest rank he attained during his period of service was SGT. However, the FSM reviewed and signed both his WD AGO Form 53-55 and his Final Payment Worksheet which show his rank as PVT. There is no evidence of record and the applicant did not provide any evidence that shows the FSM held the rank of SGT at the time of his discharge.
3. Therefore, there is no basis for correcting the FSM's WD AGO Form 53-55 to show rank as 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 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) AR20130000361
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ABCMR Record of Proceedings (cont) AR20130000361
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