BOARD DATE:	  3 April 2014

		DOCKET NUMBER:  AR20130017339 


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 WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Service) to show the rank of corporal (CPL) instead of the rank of private first class (PFC). 

2.  The applicant states the actual rank should have been CPL as of 14 June 1945.  However, the typist entered PFC instead of CPL. 

3.  The applicant provides:

* WD AGO Form 53-55
* Honorable Discharge Certificate
* WD AGO Form 100 (Separation Qualification Record) 

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 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, the documents the applicant provided were sufficient to conduct a fair and impartial review of this case.  

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States and he entered active duty on 31 March 1944.  

4.  His WD AGO Form 53-55 also shows he departed the continental United States (CONUS) on 3 February 1945 and arrived in Scotland (European Theater of Operations (ETO)) on 13 February 1945.  He departed the ETO on 14 June 1945 and arrived back in CONUS on 23 June 1945. 

5.  He completed 1 year, 1 month, and 13 days of continental service and 4 months and 21 days of foreign service.  

6.  He was honorably separated on 4 October 1945 and issued a Certificate of Disability for Discharge.  He was issued an Honorable Discharge Certificate that listed his rank as a "PFC."  His WD AGO Form 53-55 shows in:

* item 3 (Grade) - "PFC"
* item 38 (Highest Grade Held) - "CPL" 

7.  His WD AGO Form 100 shows he held the grade of PFC for 4 months during basic training and the grade of CPL for 8 months while performing duties of Field Wire Chief.  

8.  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.  

9.  The Enlisted Grade Structure in the Army has changed several times since 1942.  

10.  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)

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in an active duty status from 31 March 1944 to 4 October 1945.  The policy in effect at the time provided for entering the rank a member held on the date of separation in Item 3 and the highest rank a member held in Item 38 of the WD AGO Form 53-55.

2.  The applicant's WD AGO Form 53-55 shows he held the rank of PFC at the time of separation and the highest rank he held while on active duty was CPL.  The grade of PFC is the grade he held at the time of separation.  It is possible the applicant performed the duties of a CPL during said period.  However, in the absence of official orders or other documentary evidence confirming appointment or promotion to CPL there is insufficient evidence to correct item 3 of his WD AGO Form 53-55 to show the rank he held on 4 October 1945 was CPL. 

3.  His Honorable Discharge Certificate and WD AGO Form 100 also confirm his rank at the time of separation was that of PFC. 

4.  In the absence of evidence to the contrary, it appears his rank was properly entered in his separation documents in accordance with the regulatory policy in effect at the time.  

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)                                         AR20130017339





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ABCMR Record of Proceedings (cont)                                         AR20130017339



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