IN THE CASE OF: BOARD DATE: 3 November 2015 DOCKET NUMBER: AR20150003834 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 stepdaughter of a former service member (FSM), in collaboration with her half-sister, who is the FSM's co-agent (attorney-in-fact), requests correction of the FSM's military service records to show he was separated in the rank/grade of private first class (PFC). 2. The applicant states that the FSM served in World War II and he is proud of his service. She adds that he is 89 years of age and currently in poor health in a rehabilitation hospital. a. His Separation Qualification Record shows that his grade was private (PVT). However, the Military Occupational – Assignments section shows he served as a PVT for 4 months during Infantry Basic Training and then as a PFC for 20 months as an Automatic Rifleman. She adds that the FSM always told his family "he was a BAR [Browning Automatic Rifle] man and a PFC." b. The applicant states that her mother purchased a headstone for the FSM. She passed away about a year ago and, when the FSM was taken to view the headstone, he appeared disappointed when he saw the engraved designation "PVT" rather than "PFC." The applicant is hopeful that this was simply due to the error in his records and that his records can be corrected so that they may then correct the rank on the FSM's headstone. c. She notes that the FSM's original military records show his last name as "A----s--." However, the last name was corrected to "A----c--" after he was discharged from military service. 3. The applicant provides copies of the following documents: * two self-authored letters (summarized above) * her half-sister's Statutory Durable Power of Attorney Form * the FSM's: * WD AGO Form 100 (Separation Qualification Record) * WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) with Discharge Certificate * service-related letters 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 service 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 the FSM's records were lost or destroyed in that fire. However, there were sufficient available documents in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. The FSM's WD AGO Form 24 (Service Record), covering the period from 22 March 1944 to 26 April 1946, shows on page 5 in the section for: * Appointment, Promotion, or Reduction, with Authority Therefor: Grade Date Authority PFC 28 Oct 44 Company Order 27, dated 28 October 1944 Company C, 385th Infantry PVT 7 Jan 46 Company Order 23, dated 7 January 1946 Company K, 10th Infantry * Original Assignment and Organizations to Which Subsequently Assigned During This Enlistment Period: Assigned To Station Date Company C, 385th Infantry Camp McCoy, WI 31 Aug 44 Company E, 13th Infantry Fort Wood, MO 5 Sep 45 Company K, 10th Infantry Camp Campbell, KY 1 Dec 45 4. The FSM's WD AGO Form 100 shows he entered into active service on 22 March 1944 and he was discharged on 25 April 1946. It also shows in: * item 3 (Grade): PVT * item 12 (Military Occupational – Assignments): item 10 (Months) item 11 (Grade) _____Specialty (MOS))_____ 4 PVT Infantry Basic Training (521) 20 PFC Automatic Rifleman (746) * item 24 (Signature of Person Being Separated): the FSM's signature 5. The FSM's WD AGO Form 53-55 shows he was inducted and entered into active service on 22 March 1944, and that he was honorably discharged on 25 April 1946. He completed 1 year, 3 months, and 25 days of continental service; 9 months and 9 days of foreign service; and he was credited with 2 years, 1 month, and 4 days of total service. It also shows in: * item 3 (Grade): PVT * item 4 (Arm or Service): Infantry * item 6 (Organization): Company C, 385th Infantry Regiment * item 30 (MOS and Number): Automatic Rifleman, 746 * item 36 (Service Outside Continental U.S. (CONUS) and Return): * CONUS – departed 23 November 1944 * European-African-Middle Eastern (Theater of Operations) – * arrived: 5 December 1944 * departed: Not Available * CONUS – arrived 31 August 1945 * item 38 (Highest Grade Held): PFC * item 56 (Signature of Person Being Separated): the FSM's signature 6. The FSM's WD Form 372A (Final Payment – Work Sheet) for the month of April 1946 shows, in pertinent part, in the block for: * Grade: PVT * Discharged On: 25 April 1946 * Soldier's Signature: the FSM's signature 7. There is no evidence in the available military service records that shows the FSM was advanced or promoted to PFC during the period from 8 January 1946 through 25 April 1946 (the date of his discharge). 8. In support of the application, the applicant also provides: a. four letters presented to the FSM (under the signatures of President Harry Truman, General Omar N. Bradley, Lieutenant General Walton H. Walker, and Lieutenant Colonel L. G. Case) congratulating him on his faithful and honorable service, and also offering information on veterans benefits. b. NPRC, Military Personnel Records, St. Louis, MO, letter, dated 23 April 2004, to the FSM verifying his entitlement to the: * Bronze Star Medal * Army Good Conduct Medal * American Campaign Medal * European-African-Middle Eastern Campaign Medal with 4 bronze service stars * World War II Victory Medal * Combat Infantryman Badge * Honorable Service Lapel Button (World War II) 9. War Department Technical Manual 12-235 (Enlisted Personnel – Discharge and Release from Active Duty), dated January 1945, provides uniform procedures for discharging or releasing personnel from active duty. The instructions for completing the WD AGO Form 53-55 and WD AGO Form 100 state that the forms are completed from the Service Record, Soldier's Qualification Card, Immunization Register, and information ascertained by interview with the dischargee. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that the FSM's records should be corrected to show that he was separated in the rank/grade of PFC. 2. Records show the FSM was promoted to PFC on 28 October 1944, reduced to PVT on 7 January 1946, and separated on 25 April 1946. Thus, the highest grade the FSM held was PFC and the grade he held at the time of his separation was PVT. There is no evidence of error. 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 that 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 to know the sacrifices the former service member made in service to the United States during World War II are deeply appreciated. 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) AR20150003834 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003834 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1