IN THE CASE OF:	  

		BOARD DATE:	  8 January 2015

		DOCKET NUMBER:  AR20140007159 


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 the records of his deceased father, a former service member (FSM), be corrected by reinstating his grade to sergeant (SGT), which he received as a wartime promotion during World War II. 

2.  The applicant states his deceased father earned three awards of the Purple Heart and two combat bronze service stars. 

3.  The applicant provides a sample WD AGO Form 53 (Enlisted Record and Report of Separation – Honorable Service) pertaining to a "John Doe," and his Wisconsin State Board of Health – Certificate of Live Birth. 

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 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 provided were sufficient to conduct a fair and impartial review of this case.  

3.  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.  At the time of separation, he held military occupational specialty 746 (Rifleman).

4.  The FSM's WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 17 December 1943 and arrived in North Africa on               25 December 1943.  He departed North Africa on 3 February 1944 and arrived in Italy on 6 February 1944.  He departed Italy on 11 March 1945 and arrived back in CONUS on 21 March 1945. 

5.  The FSM's WD AGO Form 53-55 also shows in: 

* Item 31 (Military Qualifications and Date), he was awarded the Combat Infantryman Badge
* Item 32 (Battles and Campaigns), he participated in the Rome-Arno and North Apennines campaigns
* Item 33 (Decorations and Citations), the Good Conduct Medal, European-African-Middle Eastern Theater Ribbon with two bronze service stars, Purple Heart (2nd Oak Leaf Cluster), and two overseas service bars
* Item 37 (Total Length of Service), he completed 1 year and 5 months of continental service and 1 year, 3 months, and 5 days of foreign service  

6.  The FSM was honorably separated at Camp Papago Park, AZ, on 15 October 1945.  He was issued an Honorable Discharge Certificate that listed his rank as a "Private First Class (PFC)."  His WD AGO Form 53-55 shows in:

* item 3 (Grade) - "PFC"
* item 38 (Highest Grade Held) - "PFC" 

7.  The FSM's available records do not contain orders or an instrument confirming advancement, appointment, or promotion to SGT.  

8.  The FSM's WD Form 372A (Final Pay - Worksheet) shows he was separated on 15 October 1945 and his rank at the time of separation was PFC. 

9.  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.  

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.  The effective date of an appointment is the date of the instrument of appointment unless confirmed by oral orders previously issues.  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.   

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the FSM served in an active duty status from   3 February 1943 to 15 October 1945.  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 FSM's WD AGO Form 53-55 shows 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 he was given a wartime promotion as the applicant contends; however, there is insufficient evidence to corroborate this possibility.  It is equally possible promotion opportunities to SGT were frozen or that there were no vacancies for his specialty or he was an Acting SGT. 

3.  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.  









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)                                         AR20140007159





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ABCMR Record of Proceedings (cont)                                         AR20140007159



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