BOARD DATE:	  20 August 2014

		DOCKET NUMBER:  AR20130021372 


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 daughter of a deceased former service member (FSM), requests correction of her father's WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) for the period ending 22 March 1947 to show his middle name and to show his rank as staff sergeant (S/SGT) instead of private first class (PFC). 

2.  The applicant states:

* The FSM's honorable discharge papers dated from 21 July 1941 to 28 October 1945 show his highest rank held as S/SGT in block 38 (Highest Grade Held)
* The FSM's honorable discharge papers dated from 29 October 1945 to 22 March 1947 show his highest rank held as PFC in block 38
* She wants an explanation regarding why her father's ending rank was only "PFC" and not "S/SGT"

3.  The applicant provides the FSM's death certificate and two WD AGO Forms 53-55.

CONSIDERATION OF EVIDENCE:

1.  The FSM's complete records are not available 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 contained in the reconstructed record and documents provided by the applicant to conduct a fair and impartial review of this case.

2.  The FSM's WD AGO Form 53-55 for the period ending 28 October 1945 shows he was inducted into the Army of the United States (AUS) and entered active service on 21 July 1941.  He was discharged on 28 October 1945 for enlistment in the Regular Army (RA).

3.  His WD AGO Form 53-55 for the period ending 28 October 1945 and Honorable Discharge Certificate both show his rank was PFC at the time of his discharge.  This discharge document does not show his middle initial/middle name and his highest grade held is shown as S/SGT.  The FSM authenticated this form with his signature, which does not indicate his middle name or middle initial.  

4.  His WD AGO Form 53-55 for the period ending 22 March 1947 shows he enlisted in the RA on 29 October 1945 and he was discharged on 22 March 1947.  

5.  His WD AGO Form 53-55 for the period ending 22 March 1947 and Honorable Discharge Certificate both show his rank was PFC at the time of his discharge with an effective date of 29 October 1945.  This discharge document does not show his middle initial and his highest grade held is shown as PFC.  The FSM authenticated this form with his signature, which does not indicate his middle name or middle initial.

6.  There is no evidence of record that shows he held the rank of S/SGT at the time of his discharge on 28 October 1945 or 22 March 1947.

7.  The applicant provided a copy of the FSM's death certificate which shows his middle name as "Reese."

8.  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 (Grade) of the WD AGO Form 53-55.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows that at the time of the FSM's discharge on 
28 October 1945, his rank was PFC, which is reflected on his WD AGO Form 
53-55 covering that period.  The FSM's WD AGO Form 53-55 shows the highest rank he attained during this period of service was S/SGT.  In the absence of evidence to the contrary, it is presumed the FSM may have been reduced to PFC.

2.  The evidence of record shows the FSM enlisted in the RA on 29 October 1945 and was discharged on 22 March 1947.  The WD AGO Form 53-55 for this period shows he was discharged in the rank of PFC.

3.  The FSM reviewed and signed both of his WD AGO Forms 53-55 which show his rank as PFC at the time of his discharge.  There is no evidence of record and the applicant did not provide any evidence that shows the FSM held the rank of S/SGT at the time of his discharge.

4.  Therefore, there is no basis for correcting the FSM's WD AGO Form 53-55 to show his rank as S/SGT.

5.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.

6.  The applicant's request for correction of her father's records to show his middle name is acknowledged.  However, the FSM signed both of his discharge documents without using a middle name or middle initial.

7.  The applicant is advised that a copy of this decisional document will be filed in the FSM's Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the name recorded in the FSM's reconstructed military records and to satisfy the applicant's desire to have the FSM's middle name documented in his OMPF.

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)                                         AR20130021372





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ABCMR Record of Proceedings (cont)                                         AR20130021372



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