IN THE CASE OF:	  

		BOARD DATE:	  25 June 2015

		DOCKET NUMBER:  AR20140019948


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 son of a deceased former service member (FSM), requests correction of his father's WD AGO Form 53 (Enlisted Record and Report of Separation – Honorable Discharge) to show his father was separated from active duty in the rank of corporal versus private first class (PFC).

2.  The applicant states his family believes the FSM's record is incorrect based on a WD AGO Form 58 (Appointment Certificate) that was found in the FSM's files upon his death.

3.  The applicant provides:

* his father's death certificate, issued by the State of Florida on 17 April 2014
* his birth certificate, issued by the Commonwealth of Massachusetts on   23 January 2001
* his father's WD AGO Form 53, for the period ending 16 December 1948
* his father's WD AGO Form 58, dated 3 May 1948

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 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.  The FSM's WD AGO Form 53 shows he enlisted in the Regular Army on      30 June 1947.  A copy of his enlistment record is not available for review with this case.

4.  The FSM's WD AGO Form 53 also shows he was honorably discharged on 16 December 1948.

* Block 3 (Grade) of his WD AGO Form 53 contains the entries "PFC" and "8 Dec 47"
* Block 38 (Highest Grade Held) of his WD AGO Form 53 contains the entry "Private First Class"

5.  The applicant submitted a WD AGO Form 58 that shows his father was appointed as a corporal on 8 December 1947.

6.  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.  

7.  Department of the Army Circular 202, issued by Headquarters, Department of the Army on 7 July 1948 and effective 1 August 1948, fundamentally changed the grade structure for enlisted personnel.  In pertinent part, it stated:

	a.  The grade structure for enlisted personnel will consist of seven pay grades with the new titles indicated:
Grade				Present Titles  							New Titles   
First				Master Sergeant/First Sergeant   		Master Sergeant
Second			Technical Sergeant 						Sergeant, First Class		
Third				Staff Sergeant 							Sergeant						
Fourth				Sergeant									Corporal				
Fifth				Corporal									Private, First Class	
Sixth				Private, First Class 						Private						
Seventh			Private 									Recruit						

	b.  The new pay grade titles will replace titles presently in use. Enlisted personnel will be converted to new pay grade titles appropriate to their actual pay grade in accordance with a above.

	c.  The Noncommissioned Officer Corps will consist of the first four pay grades only.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his father's WD AGO Form 53 should be amended to show his father was separated from active duty in the rank of corporal versus private first class.

2.  The FSM's WD AGO Form 58 shows he was appointed as a corporal effective 8 December 1947.  However, the enlisted grade structure titles changed on         1 August 1948, prior to his discharge on 16 December 1948.  In accordance with these changes, his grade title changed from corporal to private first class.  Therefore, it appears his WD AGO Form 53 is correct in this regard and there is no error or injustice.

3.  The Army has an interest in maintaining the integrity of its records for historical purposes.  The information in his records must reflect the conditions and circumstances that existed at the time the records were created.  In the absence of compelling information to the contrary, there is no basis for changing the records in this case.









BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ____x___  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by his father in service to our Nation.  The applicant and all Americans should be justifiably proud of his father's service in arms.





      ______ _   _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)                                         AR20090012437



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ABCMR Record of Proceedings (cont)                                         AR20140019948



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