IN THE CASE OF:
BOARD DATE: 25 November 2014
DOCKET NUMBER: AR20140006906
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 separation documents to show his rank as corporal and that he had been a noncommissioned officer (NCO).
2. The applicant states the rank of corporal should have been returned to him after his appointment to Officer Candidate School (OCS) was terminated by the Army's closing of OCS on 11 June 1943. He was reduced from corporal to private to attend OCS. He had orders to report to Fort Benning, GA from Company L, 342nd Infantry, 86th Infantry Division. The Army closed OCS and he should have received his rank and pay rate back, which did not happen. He was reassigned to the medical field to train for a surgical team and had no chance to achieve NCO status again. An "Enlisted Record" showing he was never an NCO is in error because he served as an acting sergeant, platoon leader.
3. The applicant provides a letter from the Department of Veterans Affairs and a WD AGO Form Number 55 (Honorable Discharge).
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 that the applicant's 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.
3. A WD AGO Form Number 55 shows that on 12 June 1944 he was honorably discharged. This form shows his rank as private. The reverse side of this form, which contains "Enlisted Record" information, shows he was never an NCO.
4. A WD Form 370 (Final Statement), dated 16 June 1944, shows his rank as private.
5. A Certification of Military Service, dated 5 October 1977, shows he served on active duty as a member of the Army of the United States from 10 February 1943 to 12 June 1944. It shows his rank as private.
6. There are no orders in the applicant's available military records promoting him to corporal or appointing him as an acting sergeant.
7. Review of his available records did not reveal orders sending him to OCS or that he ever held a rank other than private.
8. Army Regulation 615-5 (Appointment and Reduction of Noncommissioned Officers and Privates, First Class), in effect at the time, provided that privates could be designated as acting NCOs under certain circumstances. Acting noncommissioned officers were entitled to wear the insignia of the acting grade held and were to be obeyed and respected accordingly. Acting NCOs were not entitled to the pay and allowances of the acting grade to which appointed, nor was the appointment permanent.
DISCUSSION AND CONCLUSIONS:
1. The applicant's WD Form 370 and WD AGO Form Number 55 show his rank as private. Unfortunately, there is no evidence to show he ever held the rank of corporal or acting sergeant.
2. There is no evidence of error in the grade shown on his final WD AGO Form 55 or other separation-related documents. Therefore, there is an insufficient basis for granting the applicant's request.
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) AR20140006906
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ABCMR Record of Proceedings (cont) AR20140006906
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