IN THE CASE OF: BOARD DATE: 12 November 2014 DOCKET NUMBER: AR20140001533 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, in effect, retroactive promotion to sergeant and correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show his rank as sergeant. 2. The applicant states the colonel in charge of all Army Exchanges promoted him to sergeant in 1946 as his last official act before rotating to the United States. The captain who replaced the colonel rescinded his promotion by not forwarding the colonel's paperwork through channels when he refused the captain's offer to stay on and work for him after the war. He had accumulated enough points to go home and the war was over. The captain offered him a higher sergeant rank, but he declined. The captain responded by denying him the rank of sergeant. 3. The applicant provides a letter to the President of the United States and two letters from the Army Review Boards Agency. He indicates he is also providing photographs of himself as a corporal and as a sergeant, but no photographs were enclosed with his application. 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 complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. 3. He was inducted into the Army of the United States on 17 October 1942 and entered active duty on 31 October 1942. 4. His WD AGO Form 24 (Service Record) shows he was promoted to the rank of technician fourth grade effective 1 December 1945. 5. He was honorably discharged on 21 March 1946. He completed 3 years, 4 months, and 21 days of total active service. 6. His WD AGO Form 53-55 shows his rank as technician fourth grade. 7. There is no evidence showing he was promoted or laterally appointed to the rank of sergeant. 8. From 1 September 1942 to 31 July 1948, the enlisted grade structure of the Army included two ranks for pay grade 4 – sergeant and technician fourth grade. Those who held the rank of technician fourth grade were often addressed as sergeant. Technicians possessed specialized skills that were rewarded with a higher pay grade. These skills could be directly related to combat, such as those skills possessed by a tank driver or combat engineer, or skills possessed by those in support functions such as a cooks or mechanics. Depending on his or her function, he or she might be called upon by an officer to command a group of men for a specific task. They were noncommissioned officers, as were sergeants. Initially they shared the same insignia, but on 4 September 1942, the technician ranks were distinguished by a block "T" imprinted below the standard chevrons. DISCUSSION AND CONCLUSIONS: 1. The applicant's records show he was promoted to the rank of technician fourth grade effective 1 December 1945. During his period of active service, the Army enlisted grade structure included the ranks of sergeant and technician fourth grade for pay grade 4. Those who held the rank of technician fourth grade were often addressed as sergeant. 2. In the absence of documentary evidence showing he was laterally appointed to the rank of sergeant, there is an insufficient evidentiary basis for granting the requested relief. 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 him in service to our Nation during World War II. The applicant and all Americans should be justifiably proud of his 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) AR20140001533 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140001533 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1