BOARD DATE: 10 January 2017 DOCKET NUMBER: AR20150014407 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ __x______ ___x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 10 January 2017 DOCKET NUMBER: AR20150014407 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by * deleting from item 31 of his WD AGO Form 53-55 the entry "2nd Class Gunner" and adding the Marksman Marksmanship Qualification Badge with Machine Gun Bar (.30 Caliber) * adding to item 33 the Army of Occupation Medal with Japan Clasp 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to: * restoration of his former grade of Technician 4th Grade (T/4) * correction of his WD AGO Form 53-55 to show he arrived at Honshu, Japan, on 27 September 1945 and departed Nagoya, Japan, on 5 January 1946 ___________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. BOARD DATE: 10 January 2017 DOCKET NUMBER: AR20150014407 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 the deceased former service member (FSM), requests the FSM's records be corrected as follows: * restoration of his former grade of Technician 4th Grade (T/4) * correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Service) to show: * he arrived at Honshu, Japan on 27 September 1945 and departed Nagoya, Japan on 5 January 1946 * award of the Army of Occupation Medal (Japan) * award of the Army Good Conduct Medal 2. The applicant states: a. His father told him that his commanding officer did not like him and had an attitude toward him because he attained the rank of sergeant (SGT)/Technician 4th Grade, and as a result, he was picked on and finally demoted to private first class (PFC) for no reason. The cost to his father was that his pay grade was reduced and he was held to the rank of PFC for the remainder of his time in the Army. The proof that his demotion was improper is that he received an honorable discharge, not a general discharge as he would have if he committed an offense that would have resulted in his demotion. No reason is stated in his records explaining why he was demoted. The date discrepancy on the FSM being awarded his Good Conduct Medal in 1945, the handwritten word "Not" on 5 February 1945, and then being awarded his medal the day before his discharge is proof that something was not right. The omission on his discharge papers of his time in Japan raises many questions. b. The family considers this important. He complained of injustice in the way he had been treated. He was powerless to do anything about it. His father served faithfully and contributed his efforts just as honestly as every Soldier did as proven in his accomplishments on his honorable discharge and his successful training noted in his records. His demotion is contrary to his record. The omissions of the evidence pointed out and the questions surrounding his Good Conduct Medal support his father's story of being treated unfairly. As a matter of honor for his late father and this family, the U.S. Army should posthumously reinstate his rank and recognize him for being part of the Army of Occupation. This is a matter of integrity for the Army. c. He comes from a military background. Many of his immediate and/or distant relatives served in the military. In working on his family genealogy for nearly 50 years, he discovered many events where individuals were the subject of unfair treatment. In this particular instance, his father was improperly demoted from SGT/T/4 to private on 5 November 1943, where he remained until he was discharged in January 1946. His father died on 29 May 1974. Because of the applicant's work in genealogy, which includes history, it is time to right the wrong that he was subjected to just because someone above him in rank had it in for him for no good reason. d. In reviewing the FSM's accomplishments and comparing them to his records, it's pretty obvious that following his improper demotion his service records become somewhat sketchy and irregular, especially around the dates of receiving his Good Conduct Medal and being overlooked for receiving his Japan Army of Occupation Medal. He always said he had been demoted for no reason other than someone of higher rank disliked him. The event of his demotion is evidence that he was the subject of attitude rather than having committed any sort of infraction that would have resulted in being demoted and kept at a lower rank for the remainder of his time he served. This also reduced his pay which was probably the intent of someone of superior rank – to destroy his pride in his accomplishments and hit him where it hurt. 3. The applicant provides: * FSM's WD AGO Form 53-55 * FSM's WD AGO 100 (Separation Qualification Record) * Report of Physical Examination and Induction * WD AGO Form 24 (Service Record) * FSM's immunization records * Congressional correspondence * Applicant's mother's death certificate 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 complete 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 that 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 53-55 shows he was inducted into the Army of the United States on 9 October 1942 and he entered active duty in Portland, ME, on 23 October 1942. At the time of separation: * he held military occupational specialty 359 (Construction Machine Operator) * he was assigned to Company B, 323rd Engineer Battalion 4. His WD AGO Form 53-55 also shows he departed continental United States (CONUS) on 16 April 1944 and arrived in the Asiatic-Pacific Theater (APT) of Operations on 23 April 1944. He departed the APT on 5 January 1946 and arrived back in CONUS on 16 January 1946. 5. His WD AGO Form 100 shows he held the grade of private (Pvt) for 3 1/4 months, Tech 4 for 7 months, and then PFC for 13 and 6 months. At the time of separation, he held the grade of PFC. 6. His WD AGO Form 24 shows in: a. Page 5 (Military Record - Appointment, Promotion or Reduction, with Authority) shows he held the rank of "Pvt" at induction on 9 October 1942. He was advanced to "T/4" on 5 July 1943 by authority of Special Orders (SO) Number 79, issued by Headquarters, 323rd Engineer Battalion. He was reduced to the grade of "Pvt" on 5 November 1943 by authority of SO Number 122, issued by Headquarters, 323rd Engineer Battalion, and promoted to "PFC" on 6 March 1945 by an illegible/unclear authority. b. Page 6 (Foreign Service), in part, he departed Nagoya, Japan, on 5 January 1946 and arrived back in [illegible word] on 16 January 1945. c. Page 6 (Medals, decorations, and Citations), Asiatic Pacific Theater Medal, Good Conduct Medal, Asiatic Pacific Theater Ribbon, American Theater Ribbon, World War II Victory Medal, and overseas service bars. d. Pages 13 and 14 (Remarks-Financial), in part, he was reduced to "Pvt" on 5 November 1943 and appointed to "PFC" from "Pvt" on 6 March 1945. e. Page 15 (Remarks-Administrative), the Expert Marksmanship Qualification badge with Rifle Bar (M-1). f. Page 15 (Remarks-Continued), in part, qualification with M-1 rifle and as a 2nd class gunner with the .30 caliber machinegun; entitlement to overseas service bars; award of the Good Conduct Medal; and an entry showing arrival in Honshu, Japan on 27 September 1945. 7. He was honorably separated on 25 January 1946. His WD AGO Form 53-55 shows he completed 1 year, 6 months, and 2 days of continental service and 1 year, 9 months, and 1 day of foreign service. It also shows in: * Item 3 (Grade), his grade at the time of discharge was PFC * Item 31 (Military Qualification and Date), Expert Marksmanship Qualification Badge with Rifle Bar and 2nd Class Gunner with an unknown system * Item 32 (Battles and Campaigns), None * Item 33 (Decorations and Citations), the Good Conduct Medal, Victory Medal, American Theater Campaign Ribbon, and Asiatic Pacific Theater Campaign Ribbon * Item 38 (Highest Grade Held), the highest grade he held during his military service was "TEC 4" 8. On 16 May 1996, he was issued a DD Form 215 (Correction to AGO Form 53-55/Certificate of Release or Discharge from Active Duty) that corrected the spelling of his last name. REFERENCES: 1. War Department Technical Manual 12-236 (Preparation of Separation Forms) provided that the appropriate separation form would be prepared for all enlisted personnel separated from the service by reason of discharge, retirement, or release from active duty or transfer to the Reserve. This manual states: * item 3 shows the grade held by the enlisted member at the time of separation item 38 shows the highest grade held by the enlisted member during current period of active duty * item 36 (Service Outside Continental U.S. and Return) shows the dates of arrival in and departure from the major overseas command (such as European Theater of Operations, Pacific Theater of Operations) 2. The Enlisted Grade Structure in the Army has changed several times since 1942. Prior to 1 September 1942, the Army followed the following enlisted grade structure: * Grade 1 Master Sergeant (M/Sgt) * Grade 2 Technical Sergeant and First Sergeant (T/Sgt & 1st Sgt) * Grade 3 Staff Sergeant and Technician 3rd Grade (S/Sgt & Tec 3rd Gr) * Grade 4 Sergeant and Technician 4th Grade (Sgt & 4th Gr) * Grade 5 Corporal and Technician 5th Grade (Cpl & Tech 5th Gr) * Grade 6 Private First Class (Pvt 1st Class) * Grade 7 Private (Pvt) 3. During the period 1 September 1942 through 1 August 1948, the Army followed the following enlisted grade structure: * Grade 1 Master Sergeant (M/Sgt & 1st Sgt) * Grade 2 Technical Sergeant (T/Sgt) * Grade 3 Staff Sergeant and Technician 3rd Grade (S/Sgt & Tec 3rd Gr) * Grade 4 Sergeant and Technician 4th Grade (Sgt & Tec 4th Gr) * Grade 5 Corporal and Technician 5th Grade (Cpl & Tec 5th Gr) * Grade 6 Private First Class (Pvt 1st Class) * Grade 7 Private (Pvt) 4. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) assists commanders in establishing eligibility of individual members for campaign participation credit, assault landing credit, unit citations, and occupation credit. This pamphlet shows the 323rd Engineer Battalion received occupation credit for Japan from 5 October 1945 to 20 January 1946. 5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location. Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility. For award of the Army of Occupation Medal with Japan Clasp, qualifying service in Japan included service in the Japanese home islands, the Ryukyu Islands, and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952. Service between 3 September 1945 and 2 March 1946 is qualifying only if the Asiatic-Pacific Campaign Medal was earned prior to 3 September 1945. DISCUSSION: 1. With respect to the grade: a. The evidence of record shows the FSM served on active duty from 23 October 1942 to 25 January 1946. He was advanced to T/4 on 5 July 1943 by authority of SO Number 79, issued by Headquarters, 323rd Engineer Battalion. He was then reduced to "Pvt" on 5 November 1943, by authority of SO Number 122, issued by Headquarters, 323rd Engineer Battalion. b. The complete facts and circumstances surrounding his reduction are not available. The applicant's contention that it was unjust and caused by the commanding officer's dislike of the FSM is not supported by any documentary evidence. c. The fact that the FSM received an honorable characterization of service does not mean that his reduction was unjust. A reduction is generally for an instance of misconduct or inefficiency and is accomplished via a court-martial or under Article 15, Uniform Code of Military Justice. A characterization of service is a reflection of the overall service, and may or may not be affected by misconduct or inefficiency that resulted in reduction. d. He was advanced to PFC on 6 March 1945 and he held this grade at the time of separation. The FSM's records correctly reflect the grade held at the time of separation as well as the highest grade he held. 2. With respect to the foreign service, the regulation in effect at the time provided for a listing of the dates of arrival in and departure from the major overseas theater or command. Germany, Italy, France, and Austria for example fell under the European Theater of Operations. Midway, Japan, Luzon, and the Ryukyu Islands fell under the Asiatic-Pacific Theater of Operations, at times listed as Western Pacific or Pacific Theater. The FSM's service in the Asiatic-Pacific Theater is correctly captured on his separation document. 3. With respect to the awards and decorations: a. The Army Good Conduct Medal is already listed on his the FSM's WD AGO Form 53-55. b. The FSM qualifies for award of the Army of Occupation Medal with Japan Clasp. It is not listed on his WD AGO Form 53-55. c. Although his WD AGO Form 53-55 shows the entry "2nd class gunner" in item 31, it does not identify the weapons system. It should read the 2nd Class Gunner (or Marksman) Marksmanship Qualification Badge with Machine Gun Bar (.30 Caliber). //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014407 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014407 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2