Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140007770
Original file (20140007770.txt) Auto-classification: Denied

		IN THE CASE OF:  	  

		BOARD DATE:  15 January 2015	  

		DOCKET NUMBER:  AR20140007770 


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 promotion to second lieutenant (2LT).

2.  The applicant states he was assigned and performed the duties of a noncommissioned officers (NCO) and a 2LT but was never given the promotions. When his unit arrived in Europe there had been so many casualties they were reassigned to infantry duties.  He was called upon to perform the duties of both an NCO and as a 2LT Platoon Leader as well as serving as a radioman. 

3.  The applicant provides copies of –

* a self authored letter
* his WD AGO Form 53-55 (Enlisted Record and Report of Separation)
* 4-page post service work record
* a newspaper clipping reporting him being wounded on 4 April 1945

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 service records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed personnel records and documents provided by the applicant.

3.  The applicant served on active duty from 24 November 1943 through 9 November 1945 in the military occupational specialty 114 (Machinist).

4.  He served in Europe from 27 June 1944 through 28 May 1945 with Company G, 333rd Regiment, 84th Division.

5.  The applicant received multiple wounds on 8 April 1945 and was discharged with a Certificate of Disability Discharge on 9 November 1945.

6.  His WD AGO 53-55 shows he was released from active duty as a private first class (PFC), pay grade E-3. 

7.  Army Regulation 15–185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR).  In pertinent part, it states that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  The ABCMR will decide cases based on the evidence of record.  It is not an investigative body.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has not provided and the record does not contain any evidence that he was ever considered for promotion to any pay grade above PFC.  

2.  There is no documentation to support the applicant's contention and no rational to support the implied conclusion that those alleged circumstances would warrant the requested relief.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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)                                         AR20140007770



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140007770



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140016347

    Original file (20140016347.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant's military records are not available to the Board for review. The applicant was a member of that platoon and during three major battles of that division.

  • ARMY | BCMR | CY2014 | 20140011091

    Original file (20140011091.txt) Auto-classification: Approved

    Army Regulation 600-8-22 (Military Awards) states the POW Medal is awarded to any person who, while serving in any capacity with the U.S. Armed Forces, was taken prisoner and held captive after 5 April 1917. Therefore, it would be appropriate to add this medal to item 33 of his WD AGO Form 53-55 and the entry, "POW, Company B, 630th Tank Destroyer Battalion, Belgium, 24 December 1944 – 5 June 1945" to item 55 (Remarks) of his WD AGO Form 53-55. As a result, the Board recommends that all...

  • ARMY | BCMR | CY2012 | 20120007660

    Original file (20120007660.txt) Auto-classification: Denied

    The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show the rank of sergeant (SGT) instead of the rank of private first class (PFC). The applicant's military records are not available to the Board for review. The applicant'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.

  • ARMY | BCMR | CY2012 | 20120021730

    Original file (20120021730.txt) Auto-classification: Denied

    The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show: * his rank as sergeant (SGT) vice private first class (PFC) * award of the Bronze Star Medal 2. The applicant's complete military records are not available for review. Unfortunately, there are no orders in his reconstructed record that show he was promoted or appointed to SGT.

  • ARMY | BCMR | CY2012 | 20120002767

    Original file (20120002767.txt) Auto-classification: Approved

    The form contains the following pertinent information: * Item 6 (Organization) shows Company H, 395th Infantry Regiment * Item 7 (Date of Separation) shows 26 November 1945 * Item 30 (Military Occupational Specialty) shows Machine Gun NCO 605 * Item 31 (Military Qualification and Date) shows “Combat Infantry Badge” December 1944 * Item 32 (Battles and Campaigns) shows Ardennes, Rhineland, and Central Europe * Item 33 (Decorations and Citations) shows the: * Purple Heart * American Defense...

  • ARMY | BCMR | CY2009 | 20090016439

    Original file (20090016439.txt) Auto-classification: Approved

    The applicant's military record is not available to the Board for review. Absent any derogatory information or unit commander disqualification on his WD AGO Form 53-55 or in his NPRC file, it would be appropriate and serve the interest of equity and justice to award the applicant the AGCM for his qualifying honorable active duty service from 18 January 1943 through 1 November 1945, and to add this award to his WD AGO Form 53-55. As a result, the Board recommends that all Department of the...

  • ARMY | BCMR | CY2014 | 20140009182

    Original file (20140009182.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) to show the Prisoner of War (POW) Medal, Bronze Star Medal, and Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Purple Heart for wounds received in action on 16 March 1945...

  • 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 | CY2009 | 20090003995

    Original file (20090003995.txt) Auto-classification: Denied

    However, there are no medical records available for the Board's review. The requirement for award of the Purple Heart is that a Soldier must have received medical treatment by medical personnel of the U.S. Armed Forces and that the injury or wound must be documented in medical records. There is no evidence among the available documents and the applicant provides no evidence that shows he held a grade above that of private first class or that his promotion was withheld by anyone within his...

  • ARMY | BCMR | CY2009 | 20090007507

    Original file (20090007507.txt) Auto-classification: Denied

    The applicant requests that his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) be corrected to show his military occupational specialty (MOS) as a machine gunner and his rank as sergeant (SGT). As such, there is insufficient evidence in which to correct his WD AGO Form 53-55 to show that he was an SGT. 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.