IN THE CASE OF: BOARD DATE: 19 January 2017 DOCKET NUMBER: AR20150012938 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 19 January 2017 DOCKET NUMBER: AR20150012938 BOARD DETERMINATION/RECOMMENDATION: 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. __________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. IN THE CASE OF: BOARD DATE: 19 January 2017 DOCKET NUMBER: AR20150012938 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 WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show his rank as sergeant and a different unit of assignment. 2. The applicant states: a. his rank should be technician fourth grade (TEC 4) or "buck sergeant" (SGT) instead of technician fifth grade (TEC 5) or corporal (CPL), and b. his unit should be Company C, 82nd Armored Reconnaissance Battalion, instead of 1st Calvary Regiment, 1st Armored Division. 3. The applicant provides: * 2nd Armored Division Association membership card * letter from the President of the United States * WD AGO Form 53-55 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 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 applicant’s records were lost or destroyed in that fire. This case is being considered using a limited NPRC reconstructed file (WD Form 372A (Final Payment –Worksheet)) and the WD AGO Form 53-55 provided by the applicant. 3. The applicant’s WD AGO Form 53-55 shows: * he was inducted into the Army of the United States (AUS) and entered active duty on 17 August 1944 * he held military occupational specialty 1736 (Truck Driver) * he departed the continental United States for service in the European theater of operations (ETO) on 31 January 1945 * he was credited with participating in the Rhineland and Central Europe campaigns * he earned the Army Good Conduct Medal and European-African-Middle Eastern Campaign Medal with two bronze service stars 4. Item 3 (Grade) of the WD AGO Form 53-55 shows he held the rank of "Tec 5" on the date of his separation and item 38 (Highest Grade Held) confirms "Technician Fifth Grade" was the highest rank he held while serving on active duty. Item 4 (Arm or Service) shows he was a member of the cavalry branch and item 6 (Organization) shows he was assigned for duty with Troop E, 81st Cavalry Reconnaissance Squadron (Mechanized). 5. The applicant's WD AGO Form 53-55 shows he was honorably discharged on 20 November 1945 after completing 1 year, 3 months, and 3 days of active military service. Item 55 (Remarks) shows he was discharged in the temporary rank of TEC 5 for the convenience of the government to enlist in the Regular Army (RA) and he authenticated this document with his signature in item 56 (Signature of Person Being Separated). 6. The applicant's NPRC file contains War Department Form 372A (Final Payment-Worksheet) confirms he held the rank of CPL (fourth grade) when he was discharged on 20 November 1948. The applicant did not provide the discharge document such as a WD AGO Form 53-55 for his enlistment period in the Regular Army. 7. The applicant provides a 2nd Armored Division Association membership card which shows he served with "82nd Armd Rcn Bn/C" and as such, was declared a member of the 2nd Armored Division Association. He also provides an undated letter from President Harry Truman, which shows his rank as "T/4." REFERENCES: Technical Manual 12-235, which prescribed the policy and procedure for the preparation and distribution of separation documents during the period in question, contained item by item entry instructions. These instructions indicated the rank and grade held at the time of discharge and the last unit or similar element to which a member was assigned would be entered in Items 3 and 6, respectively. DISCUSSION: 1. The applicant contends his record requires a correction to show his correct rank and organization. The applicant's 1945 WD AGO Form 53-55 confirms he held the rank of TEC 5 on the date of his discharge on 20 November 1945 and that this is the highest rank he held while serving on active duty this period, as evidenced by entries in item 3 and item 38. Item 6 of this separation document also confirms his unit at the time of his discharge was Troop E, 81st Cavalry Reconnaissance Squadron Mechanized. 2. His WD AGO Form 53-55 shows he was discharged on 20 November 1945 from the AUS to enlist in the RA. A DA Form 372A confirms his last pay in the rank and grade of CPL (fourth grade) on 20 November 1948 corroborating his performance of additional service. The evidence shows he received an additional promotion and it is likely that he served with additional units during his subsequent period of service for which another separation document would have been issued. The evidence indicates the rank and unit shown on his WD AGO Form 53-55 for the period ending 20 November 1945 are correct. 3. If he has the separation document he was issued when he was discharged on 20 November 1948, and if he has identified an error on that document, he may submit a new application to this Board. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012938 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012938 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2