IN THE CASE OF:
BOARD DATE: 30 September 2014
DOCKET NUMBER: AR20140002553
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 widow of a deceased former service member (FSM), requests correction of the FSM's records by issuing payment of all pay and allowances due based on pay grade E-6.
2. The applicant states the FSM was paid based on pay grade E-5, but he should have been paid based on pay grade E-6. She states that Army officials overlooked his military occupational specialty (MOS) and instead relied on his highest grade held when he was paid.
3. The applicant provides copies of the FSM's
* WD AGO Form 53-55 (Enlisted Record and Report of Separation
Honorable Discharge)
* Certificate of Death
CONSIDERATION OF EVIDENCE:
1. The FSM's complete 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 that his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
2. The FSM's WD AGO Form 53-55 shows he was inducted and entered active duty on 22 October 1942. He was honorably discharged on 9 July 1946 after completing 3 years, 8 months, and 18 days of total service (i.e., longevity for pay purposes). It also shows in
* item 3 (Grade): "SGT" (Sergeant)
* item 6 (Organization): Company E, 381st Infantry
* item 30 (MOS and Number): Squad Leader Rifleman, 745
* item 31 Military Qualification and Date), in pertinent part: "Combat Infantryman Badge"
* item 38 (Highest Grade Held): "SGT"
3. The available records contain a War Department (WD) Form 372A (Final Payment - Work Sheet) that shows the FSM's rank was "SGT" and he was discharged on 9 July 1946. It also shows in the "Credits" section that he was paid, in pertinent part, "Accrued Base and Longevity Pay" and "Combat Infantryman Pay" for the period 1 July to 9 July 1946. It further shows the FSM placed his signature on the document.
4. A review of the available military service records failed to show the FSM was advanced, upgraded, or promoted above the grade of "SGT."
5. In support of her request the applicant provides a copy of a State of Oklahoma, Certificate of Death, that shows the FSM died on 24 December 2011. It also shows the applicant (his wife) is listed as the informant.
6. War Department Technical Manual 12-235 (Enlisted Personnel - Discharge and Release from Active Duty), dated January 1945, provides uniform procedures for discharging or releasing personnel from active duty. The instructions for completing the WD AGO Form 53-55 state that the form is completed from the Service Record, Soldier's Qualification Card, Immunization Register, and information ascertained by interview with the dischargee.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the FSM's records should be corrected by issuing payment of all pay and allowances due based on pay grade E-6 because Army officials based his pay on the highest grade held, but his pay should have been based on his MOS.
2. The FSM's Final Payment Work Sheet and his discharge document show he held the grade of SGT at the time of his separation. His discharge document also shows the highest grade he held during his military service was SGT.
3. The evidence of record shows the FSM received "Combat Infantryman Pay" based on award of the Combat Infantryman Badge. Records also show he received "Accrued Base and Longevity Pay" based on his total military service. Moreover, the FSM acknowledged receipt of final pay, based on his pay grade at the time of his discharge.
4. The sincerity of the applicant's comments regarding her understanding about the FSM's entitlement to E-6 pay based on his MOS is not in dispute. However, a Soldier's pay and allowances is based on his/her pay grade. A Soldier may be entitled to additional pay incentives based on their MOS, qualifications, skills, etc. In this regard, the FSM received additional pay for the Combat Infantryman Badge that he earned as an enlisted infantryman who satisfactorily performed duty while assigned as a member of an infantry regiment during a period when the unit was engaged in active ground combat. However, there is no evidence in the available military service records that shows the FSM was advanced, upgraded, or promoted above the grade of "SGT."
5. Therefore, in view of the foregoing, the applicant is not entitled to 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 that 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 to know the sacrifices the former service member made in service to the United States during World War II are deeply appreciated. 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) AR20140002553
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ABCMR Record of Proceedings (cont) AR20140002553
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