IN THE CASE OF
BOARD DATE: 6 May 2014
DOCKET NUMBER: AR20130015060
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, correction of his record to show he was discharged in the rank of technician fifth grade (TEC 5).
2. He states, in effect, his loss of rank occurred in the Philippines sometime during the period September to November 1945. He wants his tombstone to read TEC 5, not private (PVT). He states he was demoted because of a communications problem during an emergency situation.
3. He provides:
* WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge)
* WD AGO Form 100 (Separation Qualification Record)
* Department of Veterans Affairs identification card
* personal journal entries
* correspondence related to his post-service career
* personal correspondence
* documents related to his induction into the Montana Softball Hall of Fame
* excerpt of a webpage describing the origin of his surname
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 applicant's complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC), St. Louis, MO, in 1973. It is believed his records were lost or destroyed in that fire. This case is being considered using the reconstructed record provided by the NPRC and the documents he provided.
3. His WD AGO Form 53-55 shows:
* he was inducted into the Army of the United States on 17 July 1942
* he entered active service on 31 July 1942
* he served in the Asiatic-Pacific theater from 25 January 1943 to 27 November 1945
* he was awarded the Philippine Liberation Ribbon with one bronze service star
* he was honorably discharged on 25 December 1945
4. His WD AGO Form 53-55 also shows:
* in item 3 (Grade) "PVT"
* in item 38 (Highest Grade Held) "TEC05"
5. Item 3 (Grade) of his WD AGO Form 100 shows the entry "Pvt."
6. Items 10, 11, and 12 (Military Occupational Assignments) of his WD AGO Form 100 summarized his service as follows:
* 1 month of service in the rank of PVT in military occupational specialty (MOS) 729 (Pioneer) during engineer basic training
* 18 months of service in the rank of TEC 5 in MOS 145 (Sign Painter)
* 21 months of service in the rank of TEC 5 in MOS 070 (Draftsman)
7. The available records do not show the basis for his reduction to PVT.
8. Technical Manual 12-235 (Enlisted Personnel Discharge and Release from Active Duty), in effect at the time, stated the WD AGO Form 53-55 would be completed from the Service Record, Soldier's Qualification Card, Immunization Register, and information ascertained by interview with the dischargee.
DISCUSSION AND CONCLUSIONS:
1. The available evidence is insufficient as a basis upon which to correct the applicant's records to show he was discharged in the rank of TEC 5.
2. Although the available records show he had been promoted to TEC 5, there is no evidence indicating he held this grade when he was discharged. He states he was demoted because of a communications problem during an emergency situation. Unfortunately, other than his statement, there is no evidence describing the circumstances of his reduction to PVT. In the absence of evidence showing otherwise, it must be presumed that his reduction to PVT was properly executed and the grade entered on his WD AGO Form 53-55 was the grade he properly held when he was discharged.
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 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) AR20130015060
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