IN THE CASE OF:
BOARD DATE: 12 November 2014
DOCKET NUMBER: AR20140001533
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, retroactive promotion to sergeant and correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show his rank as sergeant.
2. The applicant states the colonel in charge of all Army Exchanges promoted him to sergeant in 1946 as his last official act before rotating to the United States. The captain who replaced the colonel rescinded his promotion by not forwarding the colonel's paperwork through channels when he refused the captain's offer to stay on and work for him after the war. He had accumulated enough points to go home and the war was over. The captain offered him a higher sergeant rank, but he declined. The captain responded by denying him the rank of sergeant.
3. The applicant provides a letter to the President of the United States and two letters from the Army Review Boards Agency. He indicates he is also providing photographs of himself as a corporal and as a sergeant, but no photographs were enclosed with his application.
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 in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. He was inducted into the Army of the United States on 17 October 1942 and entered active duty on 31 October 1942.
4. His WD AGO Form 24 (Service Record) shows he was promoted to the rank of technician fourth grade effective 1 December 1945.
5. He was honorably discharged on 21 March 1946. He completed 3 years, 4 months, and 21 days of total active service.
6. His WD AGO Form 53-55 shows his rank as technician fourth grade.
7. There is no evidence showing he was promoted or laterally appointed to the rank of sergeant.
8. From 1 September 1942 to 31 July 1948, the enlisted grade structure of the Army included two ranks for pay grade 4 sergeant and technician fourth grade. Those who held the rank of technician fourth grade were often addressed as sergeant. Technicians possessed specialized skills that were rewarded with a higher pay grade. These skills could be directly related to combat, such as those skills possessed by a tank driver or combat engineer, or skills possessed by those in support functions such as a cooks or mechanics. Depending on his or her function, he or she might be called upon by an officer to command a group of men for a specific task. They were noncommissioned officers, as were sergeants. Initially they shared the same insignia, but on 4 September 1942, the technician ranks were distinguished by a block "T" imprinted below the standard chevrons.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records show he was promoted to the rank of technician fourth grade effective 1 December 1945. During his period of active service, the Army enlisted grade structure included the ranks of sergeant and technician fourth grade for pay grade 4. Those who held the rank of technician fourth grade were often addressed as sergeant.
2. In the absence of documentary evidence showing he was laterally appointed to the rank of sergeant, there is an insufficient evidentiary basis for granting the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation during World War II. The applicant and all Americans should be justifiably proud of his service in arms.
______________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) AR20140001533
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140001533
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120011335
The applicant, the son of a deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable) to show his grade as Technical Sergeant (T/Sgt) instead of "PFC" (Private First Class). All enlisted and noncommissioned ranks were reduced from 128 different insignias and several pay grades to only seven rank insignias and seven pay grades, which were numbered in seniority from 1st Grade (highest) to 7th Grade (lowest). ...
ARMY | BCMR | CY2011 | 20120004185
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show his rank as a Technician Fourth Grade (T-4) instead of corporal (Cpl). The applicant's military records are not available to the Board for review. The Enlisted Grade Structure in the Army has changed several times since 1942.
ARMY | BCMR | CY2013 | 20130017664
His DA Form 20 (Soldier's Qualification Record) shows he held the grade of Sgt upon enlistment in and discharge from the USAR. The evidence of record shows the applicant served in an active duty status from 23 September 1946 to 4 August 1948. However, a few days before his discharge, the Army changed the rank structure.
ARMY | BCMR | CY2011 | 20110014209
The applicant requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show his rank as technician fourth grade. The applicant's military records are not available to the Board for review. The evidence of record shows the applicant served in an active duty status from 21 November 1942 to 14 July 1945.
ARMY | BCMR | CY2011 | 20110020023
The applicant, the widow of a deceased former service member (FSM), requests the FSM's grade be changed from "T/3" [Technician Third Grade] to "Sergeant." There is no evidence in the available records which shows the FSM held the rank of "Sergeant" prior to his discharge on 29 August 1946. All enlisted and noncommissioned ranks were reduced from 128 different insignias and several pay grades to only 7 rank insignias and 7 pay grades, which were numbered in seniority from 1st Grade...
ARMY | BCMR | CY2007 | 20070009465
The applicant requests, in effect, correction of his records to show that he reenlisted on 13 January 1950 in the grade of Technician 5th Grade instead of private first class (PFC)/pay grade E-3, as reflected in his personnel record. The applicant contends that he is entitled to correction of his records to show that he reenlisted on 13 January 1950 in the grade of Technician 5th Grade instead of private first class (PFC)/pay grade E-3, as reflected on his personnel record. Evidence of...
ARMY | BCMR | CY2012 | 20120018390
The applicant requests reconsideration of her original request that the WD AGO Form 53-55 (Enlisted Records and Report of Separation - Honorable Discharge) of her deceased husband, a former service member (FSM), be corrected to show his grade as that of a sergeant (Sgt) or staff sergeant (S/Sgt) instead of Technician Third Class (T/3). His WD AGO Form 100 (Separation Qualification Record) shows he held the grade of private first class for 7 months and the grade of T/3 for 10 months. The...
ARMY | BCMR | CY2010 | 20100014974
The applicant, the widow of a deceased former service member (FSM), requests correction of her husband's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show his rank as a Sergeant First Class (SFC) instead of a Technical Sergeant (T/Sgt). The evidence of record shows the FSM served on active duty from 20 January 1944 through 5 June 1946. The rank "SFC" did not exist during his military service.
ARMY | BCMR | CY2001 | 2001056337C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Item 3 shows his grade as corporal and item 38 shows his highest grade held as corporal. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
ARMY | BCMR | CY2007 | 20070016523
The applicant requests, in effect, that his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected in item 3 (Grade) to show his grade as Technician 4th Grade (T/4). 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.