BOARD DATE:	  29 May 2014

		DOCKET NUMBER:  AR20130017664 


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 (Enlisted Record and Report of Separation - Honorable Service) ending on 4 August 1948 to show his grade as Staff Sergeant (S/Sgt) vice Sergeant (Sgt). 

2.  The applicant states he was very proud of his promotion to SSgt several months before his discharge.  He adds: 

	a.  He enlisted in the Army upon graduation from high school in 1946.  After basic training, he was sent to Japan in December 1946 to serve in the Occupation Forces.  His assignment was with the 10th Information and Historical Service, attached to the Eighth Army Headquarters in Yokohama.  At that time his unit was writing the history of the Eighth Army in the Pacific and also interrogating high-ranking Japanese officers on their conduct of the war in the Pacific.  

	b.  When he first arrived there were still draftees serving in the unit, but they were soon discharged and opportunity for advancement was good.  His Commanding Officer, Lieutenant Colonel Brunke, was pleased with his work and assigned him the task of training newly-arrived recruits.  He was promoted to S/Sgt early in 1948.  His 2-year enlistment would terminate in September 1948 and with about 50 days of leave accumulated he received his orders to return to Fort Lawton, WA, for discharge.

	c.  His discharge papers shows his rank as Sgt.  He did not give this mistake much thought until he recently visited the Arkansas Veterans Military Cemetery.  In filling out the information he showed his rank as S/Sgt.  He was informed that they would have to show the rank as Sgt unless he could prove otherwise. Unfortunately, all his records as an enlisted man were destroyed in the St. Louis fire.  The sole purpose of completing this application is to be able to have the rank that he achieved properly shown on his headstone.  For many years he proudly kept his Eisenhower jacket with S/Sgt stripes, and still has a khaki shirt with the stripes cross stitched thereon.  He enclosed several photos taken from his Army photo album plus a copy of a pass authorizing him as a S/Sgt to make one last trip to Tokyo, before departing Japan in a few days.  Also, there is an official Army photo dated June 1948 which shows him with two others receiving a performance award from Major Hope.

3.  The applicant provides:

* WD Form 53
* Enlisted man's Pass
* Multiple photographs
* Honorable Discharge Certificate
* Congressional correspondence

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 available records show he enlisted in the Regular Army and entered active duty at Camp Robinson, AR, on 17 September 1948.  At the time of his separation, he held military occupational specialty 502 (Administrative Noncommissioned Officer). 

3.  He served in the Pacific Theater of Operations (Japan) from 7 January 1947 to 8 July 1948.  According to his WD AGO Form 24 (Service Record) he was advanced, appointed, promoted, or reduced as follows: 

* Private First Class (PFC), 24 March 1947, War Department Circular 110, dated 1946
* Technician Fifth (T/5) Grade (Temporary) (T), 10 July 1947, Special Orders 152, Headquarters Support Troops, Eighth Army
* Technician Fourth (T/4) Grade (T), 9 September 1947, SO 203, Headquarters Support Troops, Eighth Army
* Sgt (T), no date, SO 282, Headquarters Support Troops, Eighth Army
* S/Sgt (T), 5 February 1948, SO 30, Headquarters Support Troops, Eighth Army
* S/Sgt (Permanent (P)), 5 February 1948, Headquarters Support Troops, Eighth Army
* Sgt, 5 February 1948, memorandum 95, Headquarters, 6th Army, 1948 

4.  He was honorably discharged from active duty on 4 August 1948.  He completed 1 year, 10 months, and 12 days of continental service and 1 year, 6 months, and 28 days of foreign service.  He was issued an Honorable Discharge Certificate that listed his rank as a "SGT."  His WD AGO Form 53 shows in:

* item 3 (Grade) - "SGT, February 1947"
* item 38 (Highest Grade Held) - "SGT" 

5.  He enlisted in the Enlisted Reserve (now the U.S. Army Reserve (USAR)) on 9 February 1950.  He indicated his last military service was in a Regular Component in the grade of Sgt with the 10th Infantry and History Service Headquarters, 8th Army.  

6.  He was discharged from the USAR and his enlisted status on 6 June 1952 to accept a commission.  His DA Form 20 (Soldier's Qualification Record) shows he held the grade of Sgt upon enlistment in and discharge from the USAR. 

7.  On 1 March 1952, he submitted a DA Form 170 (Application for Appointment in the Officer's Reserve Corps).  He indicated he previously served as follows:

* 23 September 1946 to 22 August 1948, S/Sgt, 10th Infantry and Historical Service Company
* 1 February 1949 to date, S/Sgt, 306th Military Government Group
* 17 September 1950 to 7 June 1952, cadet, Advanced Reserve Officers' Training Corps Program

8.  He was appointed as a Reserve commissioned officer of the Army in the rank of second lieutenant on 7 June 1952.  He was ultimately discharged from the USAR on 13 April 1955. 

9.  He provides: 

* An Enlisted Man's Pass issued to him on 2 July 1948 showing his rank as S/Sgt
* Several photographs showing an individual, alleged to be the applicant, wearing the chevrons of a S/Sgt 

10.  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.  

11.  The Enlisted Grade Structure in the Army has changed several times since 1942.  During the period 1 September 1942 through 1 August 1948, the Army followed the following enlisted grade structure:

* Grade 1	Master Sergeant (M/Sgt & First 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)

12.  During the period 1 August 1948 to 30 September 1949, the Army followed the following enlisted grade structure: 

* Grade 1	M/Sgt
* Grade 2	Sergeant First Class (SFC)
* Grade 3	Sgt
* Grade 4	Cpl
* Grade 5	PFC
* Grade 6	Pvt
* Grade 7	Recruit (Rct)

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in an active duty status from 23 September 1946 to 4 August 1948.  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.  He attained the rank of Grade 3 which at the time was identified as S/Sgt or Technician 3rd grade. 

2.  However, a few days before his discharge, the Army changed the rank structure.  Effective 1 August 1948, Grade 3 identified the rank of Sgt.  Since he was discharged on 4 August 1948, his WD Form 53 and his Honorable Discharge Certificate correctly listed his rank as "Sgt."  This did not change his grade.  It only changed the name of the rank associated with the grade.

3.  The grade of Staff Sergeant (SSG)/E-6 as is known today did not come into the Army rank structure until 1 June 1958.  There was no pay grade of E-6 or its corresponding rank of SSG - as it is known today - at the time of his service.  The applicant's WD Form 53 correctly reflects his rank and there is no need 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 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)                                         AR20130017664





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ABCMR Record of Proceedings (cont)                                         AR20130017664



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