IN THE CASE OF:
BOARD DATE: 28 May 2015
DOCKET NUMBER: AR20140017350
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 Certification of Military Service to show his rank as "first sergeant" instead of "sergeant."
2. The applicant states he was promoted to first sergeant at Camp Lee, VA, during the month of November 1945. He replaced the unit's former first sergeant. He had moved into the first sergeant's quarters at time of his discharge.
3. The applicant provides a copy of his Certification of Military Service.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants 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 (NPRC) in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record and that submitted by the applicant for the Board to conduct a fair and impartial review of this case.
3. The applicant's available records contain a WD Form 372A (Final Payment Work Sheet), dated 4 December 1945, which shows his rank as "sergeant" and he received final pay in this rank on 30 June 1945.
4. On 19 April 2012, the NPRC issued the applicant a Certification of Military Service. This document certifies he was a member of the Army of the United States from 11 April 1944 through 4 December 1945. His Last Grade, Rank, or Rating is shown as "sergeant." A note at the bottom of this document states "This Certification of Military Service is issued in the absence of a copy of the actual Report of Separation, or its equivalent. This document serves as verification of military service and may be used for any official purpose."
5. Army Regulation 635-5 (Separation Documents), dated 15 September 2000, paragraph 2-7, stated if no DD Form 214 (Certificate of Release or Discharge from Active Duty) was available, a statement of service or transcript of military record would be issued.
DISCUSSION AND CONCLUSIONS:
1. The NPRC issued the applicant a Certification of Military Service. This document is accepted as a valid record of service. This document and a WD Form 372A list his rank as "sergeant."
2. There is no available evidence and he provided none showing he was promoted to first sergeant prior to his discharge on 4 December 1945. Therefore, there is insufficient evidentiary basis to support correction of his Certification of Military Service to show his rank as "first sergeant."
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) AR20140017350
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ABCMR Record of Proceedings (cont) AR20140017350
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