IN THE CASE OF:
BOARD DATE: 30 December 2014
DOCKET NUMBER: AR20140006974
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 late father's grade shown on his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge).
2. The applicant states her father was a sergeant (SGT), not a private first class (PFC), when he was injured in action on 9 August 1944.
3. The applicant provides:
* court document, dated 12 January 1996
* FSM's death certificate
* FSM's WD AGO Form 53-55
* letter from Ashford General Hospital, dated 11 September 1944
* Purple Heart orders
* photograph of FSM's grave marker
* excerpt from FSM's pay record
* authorization for allotment of pay
* FSM's enrollment on the Roll of Honor at the National Purple Heart Hall of Honor
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 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 the FSM'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. His WD AGO Form 53-55 shows he was inducted into the Army of the United States on 21 February 1942. He served as a rifleman in the European theater of operations from 15 May 1944 to 5 September 1944.
4. The applicant provides Headquarters, 67th General Hospital, General Order Number 37, dated 19 August 1944, which shows the FSM was awarded the Purple Heart for wounds received in action on 9 August 1944. His rank is shown as SGT on these orders.
5. She also provides a letter from the Ashford General Hospital, dated 11 September 1944, which shows the FSM's rank as SGT.
6. The FSM was honorably discharged on 19 February 1945.
7. His WD AGO Form 53-55 shows in:
* item 3 (Grade) PFC
* item 38 (Highest Grade Held) PFC
8. There are no orders in the available records promoting the FSM to SGT prior to his discharge on 19 February 1945.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends her father held the rank of SGT, not PFC, when he was injured in action on 9 August 1944 and his grade should be corrected on his WD AGO Form 53-55.
2. The Purple Heart orders and the letter from the Ashford General Hospital provided by the applicant showing the FSM's grade as SGT are accepted as sufficient evidence on which to base amending the FSM's grade on his WD AGO
Form 53-55.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entries in items 3 and 38 of his WD AGO Form 53-55 and replacing them with the entry "SGT."
______________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) AR20140006974
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ABCMR Record of Proceedings (cont) AR20140006974
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