BOARD DATE:	  11 February 2014

		DOCKET NUMBER:  AR20130010692 


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 the former service member's (FSM) rank on an unspecified discharge document.

2.  The applicant states she has documentation showing the FSM's rank should be WOJG W2.

3.  The applicant provides copies of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge); a National Archives Form 13038 (Certification of Military Service); a February 1951 Headquarters and Headquarters, 171st Military Police Battalion photo board; 17 October 1956 Honorable Discharge Certificate; and documentation attesting to her relationship to the deceased.

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.  It appears that the FSM's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from documents provided by the applicant.

3.  The FSM served on active duty in an enlisted status from 9 February 1943 through 4 December 1945, attaining the rank of technical sergeant.  The WD AGO Form 53-55 and Statement of Service reflect this rank and period of service.

4.  At some point after 4 December 1945 and prior to February 1951, the FSM was appointed as a warrant officer and was assigned to Headquarters and Headquarters, 171st Military Police Battalion, Camp McCoy, Wisconsin.  At this point in history, this rank was referred to as warrant officer junior grade (WOJG), pay grade W1.

5.  The applicant served honorably and was promoted to chief warrant officer, pay grade W2 and, on 17 October 1956, he was honorably discharged as a chief warrant officer, pay grade W2.

6.  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 ABCMR.  

   a.  Paragraph states the ABCMR considers individual applications that are properly brought before it.  In appropriate cases, it directs or recommends correction of military records to remove an error or injustice.
	
   b.  Paragraph 2-9 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.

DISCUSSION AND CONCLUSIONS:

1.  The FSM served two separate periods of service, first in an enlisted status and then as a warrant officer.  The WD AGO Form 53-55 and Statement of Service show the FSM's enlisted rank is appropriate for these documents for the period of service they cover.  

2.   At the time of his initial appointment as a warrant officer, the rank was called warrant officer junior grade, WOJG and the pay grade was W1.

3.  At some point after February 1951 he was promoted to chief warrant officer two, pay grade W2.  He was honorably discharged in this rank and pay grade.  It cannot be determined if he ever served on active duty in this rank as no separation document other than his Honorable Discharge Certificate is available.

4.  The applicant has provided no evidence of any error in the FSM's rank or pay grade at any point in his career or in the documentation provided and no relief is warranted.

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)                                         AR20130010692





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ABCMR Record of Proceedings (cont)                                         AR20130010692



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