BOARD DATE:	  20 November 2014

		DOCKET NUMBER:  AR20140005277 


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 correction of his records to show he was promoted to Technician Fifth Grade (T/5) prior to his separation on 14 October 1946. 

2.  The applicant states that in 1946 he was stationed at the separation center, Fort Dix, NJ, as an occupational and rehabilitation counselor.  While there, a group of Soldiers, including himself, were sent to Fort Ogelthorpe, GA for a special course to sharpen their skills as counselors.  They were told the Table of Organization (T/O) called for them to receive a promotion to the rank of T/5 on completion of this course.  When they returned to Fort Dix anticipating their new stripes and increase in their pay scale, they were told the T/O had been frozen but they would receive their promotion as soon as it opened again.  Months went by and the T/O remained frozen.  He was discharged on 14 October 1946 in the rank of private first class (PFC).  A short time later, he learned from a buddy who served with him at the separation center that the T/O had opened and that he received his promotion to T/5.  He believes he should receive a retroactive promotion to the rank that he was entitled to so he can wear the stripes on his jacket.  

3.  The applicant provides:

* WD AGO Form 100 (Separation Qualification Record)
* Certificate of Training "Enlisted Separation Classifications Course"
* WD AGO Form 53-55 (Enlisted Record and Report of Separation)
* Honorable Discharge Certificate


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 was inducted into the Army of the United States and entered active duty in Chicago, IL on 5 February 1945.

4.  His WD AGO Form 100 shows he entered active duty in the grade of private (Pvt).  He completed 4 months of infantry basic training, 2 months of advanced infantry basic training, and 1 month of heavy machine gunner training.  

5.  His WD AGO Form 100 also shows he performed 12 months in military occupational specialty 262 (Occupational and Rehabilitational Counselor).  He held the rank of PFC at the time.  

6.  He provides a certificate that shows and his WD AGO Form 100 confirms he attended and completed the 3-week Adjutant General's School Enlisted Separation Classification Course from 23 November to 12 December 1945.  

7.  His WD AGO Form 53-55 shows he was honorably separated on 14 October 1946 at Fort Dix, NJ.  Item 3 (Grade) shows "PFC, 10 May 1946" and item 38 (Highest Grade Held) shows "PFC."  He was issued an Honorable Discharge Certificate also listing his rank as private first class. 

8.  His available records do not contain orders or an instrument confirming advancement, appointment, or promotion to T/5.  
9.  His WD Form 372A (Final Pay - Worksheet) shows he was separated on 14 October 1946 and his rank at the time of separation was PFC. 

10.  Army Regulation 615-5 (Enlisted Men-Appointment and Reduction of Noncommissioned Officers (NCO) and Privates, First Class) governed the promotion, appointment of enlisted men to PFC and NCO grades.  

	a.  The effective date of an appointment is the date of the instrument of appointment unless confirmed by oral orders previously issued.  When an authorized commander/promotion authority makes an oral order and the order is confirmed in writing, the effective date cannot be earlier than the oral order as confirmed by the written instrument. 

	b.  Technicians are NCOs of the third, fourth, and fifth grades and are appointed for specific duties of technical or administrative nature.  The appointment of technicians is governed by the same regulation applicable to NCOs.  The instruments of appointments should indicate the specialty for which appointed.  All appointments during the present war (World War II) will be temporary and instruments of appointments will so indicate, except that when necessary reappointments of Staff Sergeants, Sergeant, and Corporals holding permanent warrants to the corresponding technician grades are made, such appointments as technicians will be permanent and the date of rank of the reappointment would be the date of noncommissioned warrant held at the time of reappointment.   

11.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The available evidence of record shows the applicant served on active duty from 5 February 1945 to 14 October 1946.  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 and his WD AGO Form 100 both show he held the rank of PFC at the time of separation and the highest rank he held while on active duty was PFC.  It is possible the 3-week course he completed could have led to a temporary appointment to T/5; however, there is insufficient evidence to corroborate this possibility.  

3.  It is also possible the applicant was promised an advancement/appointment to T/5; but, as he states, advancements were frozen at the time and he could not have been advanced when promotion opportunities were frozen or when there were no vacancies for his specialty.  It is further possible promotions were unfrozen after his separation, which may explain how his buddy received his promotion.  Still, in the absence of official orders or other documentary evidence confirming appointment or promotion to T/5 there is insufficient evidence to correct his records to show this rank. 

4.  His WD AGO Form 100, WD AGO Form 53-55, Honorable Discharge Certificate, and his final pay worksheet confirm his rank at the time of separation was that of PFC.  In the absence of evidence to the contrary, it appears his rank was properly entered in his records 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)                                         AR20140005277





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140005277



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1