Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140006974
Original file (20140006974.txt) Auto-classification: Approved

		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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140006974



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100013926

    Original file (20100013926.txt) Auto-classification: Approved

    Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090012407, on 18 March 2010. His records contain a WD Form 372A, dated 7 December 1945, that show upon his separation from the Army, he held the grade of PFC and received his final payment as a PFC. Item 3 (Grade) of his WD AGO Form 53-55 shows his grade at the time of separation...

  • ARMY | BCMR | CY2013 | 20130021553

    Original file (20130021553.txt) Auto-classification: Approved

    The applicant requests the WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Service) of his deceased father, a former service member (FSM), be corrected to show his grade as staff sergeant (S/Sgt) vice sergeant (Sgt) and the following awards: * European-African-Middle Eastern Campaign Medal with 3 bronze service stars (instead of 2 stars) * Belgian Fourragere Lanyard * Purple Heart * Prisoner of War (POW) Medal * Expert Marksmanship Qualification Badge with Carbine...

  • ARMY | BCMR | CY2014 | 20140007159

    Original file (20140007159.txt) Auto-classification: Denied

    The FSM's military records are not available to the Board for review. The FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows he was inducted into the Army of the United States on 3 February 1943 and entered active duty on 10 February 1943. Nonetheless, in the absence of official orders or other documentary evidence confirming appointment or promotion and/or promotion to SGT there is insufficient evidence to correct his records to show this rank.

  • ARMY | BCMR | CY2011 | 20110005267

    Original file (20110005267.txt) Auto-classification: Approved

    The applicant, the daughter of a deceased former service member (FSM), requests correction of her father's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show his award of the Purple Heart. The FSM's WD AGO Form 53-55 also shows the entry "Not available"; however, evidence shows the FSM was wounded in action on 1 April 1945 in the European theater. As a result, the Board recommends that all Department of the Army records of the individual concerned be...

  • ARMY | BCMR | CY2013 | 20130016863

    Original file (20130016863.txt) Auto-classification: Approved

    The applicant also provided a copy of and the FSM's available record contains the following: a. The available evidence shows the FSM was wounded in action on 21 or 22 January 1945 in Belgium, was hospitalized, and discharged with a certificate of disability on 23 August 1945. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Awarding the FSM the Purple Heart for wounds received in action on 22 January 1945 * Adding to...

  • ARMY | BCMR | CY2010 | 20100015287

    Original file (20100015287.txt) Auto-classification: Approved

    The applicant, the son of the former service member (FSM), requests that his father be awarded the Purple Heart for being wounded in combat on 16 December 1944 and correction of his father's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) for the period ending 23 June 1945 to show award of the Purple Heart and all awards and decorations earned. The FSM's military records are not available to the Board for review. As a result, the Board recommends that all...

  • ARMY | BCMR | CY2011 | 20110011341

    Original file (20110011341.txt) Auto-classification: Denied

    The FSM's military records are not available to the Board for review. The applicant is basing his request for award of the Purple Heart to the FSM on the WD AGO Form 8-24, dated 12 August 1945, which clearly shows the FSM sustained NBC gunshot wounds after being shot by a Frenchman who also shot into several U.S. The applicant provided insufficient evidence to show the FSM was hospitalized to receive medical treatment for severe frostbite or frozen feet while engaged in combat.

  • ARMY | BCMR | CY2011 | 20110018725

    Original file (20110018725.txt) Auto-classification: Approved

    His WD AGO Form 53-55 further shows in: * item 6 (Organization) the entry "Co G, 22nd Infantry, 4th Division" * item 31 (Military Qualification and Date) the entry "Combat Infantryman Badge – 1 November 1944" * item 32 (Battles and Campaigns) the: * Campaign of Normandy * Campaign of Belgium * Campaign of Germany * item 33 (Decorations and Citations) the: * Three Bronze Battle Stars * Army Good Conduct Medal * Purple Heart with One Oak Leaf Cluster * European Theater of Operations...

  • ARMY | BCMR | CY2014 | 20140013877

    Original file (20140013877.txt) Auto-classification: Approved

    The applicant requests that the discharge (i.e., WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge)) of his deceased father, a former service member (FSM), be corrected to show that he was awarded a Purple Heart (PH), a higher rank, and an "Expert Badge with 3 Bars." The FSM was promoted to a higher rank than his records show, that he received a PH for a wound while in World War II, and he was awarded an Expert Badge with 3 Bars. There is insufficient evidence...

  • ARMY | BCMR | CY2010 | 20100007578

    Original file (20100007578.txt) Auto-classification: Approved

    Army medical records from 1941 show the date he was wounded in action as 14 October 1943 and not 18 September 1943 as shown on his WD AGO Form 53-55. There are no general orders in the available records that show award of the Silver Star. The applicant contends that her father's WD AGO Form 53-55 should be corrected to show the Silver Star, his rank as a S/Sgt, and the date wounded as 14 October 1943.