BOARD DATE: 25 April 2017 DOCKET NUMBER: AR20150016962 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 BOARD DATE: 25 April 2017 DOCKET NUMBER: AR20150016962 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. BOARD DATE: 25 April 2017 DOCKET NUMBER: AR20150016962 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 his rank be shown as corporal (CPL) instead of private first class (PFC). 2. The applicant states although he was discharged and "paid off" as a PFC, he was in fact a CPL. He was promoted to CPL while serving in Japan in October 1945. 3. The applicant provides: * three photographs of his uniform * 20 November 1946 Claimant's Statement 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 service records were damaged in the fire at the National Personnel Records Center in 1973. Many of the documents have illegible entries or stuck together. However, the majority of his record sufficiently legible to allow the Board to conduct a fair and impartial review of this case. 3. The applicant served on active duty from 17 March 1945 through 20 November 1946 with service in the Asiatic Pacific Theater from 19 October 1945 through 20 September 1946. 4. His WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) shows his rank as PFC and lists his awards as the: * Army of Occupation Medal with Japan Clasp * Asiatic-Pacific Campaign Medal * World War II Victory Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 5. In October 1946 the applicant requested correction of his records to show advancement to CPL. The available records do not include a response to this request. 6. All available official documents show the applicant as a PFC. 7. The applicant provides current photos of a uniform jacket with the rank insignia of CPL. 8. A 16 September 2015 National Personnel Records Center letter shows the applicant's authorize awards as the: * Army Good Conduct Medal * Asiatic-Pacific Campaign Medal * World War II Victory Medal * Army of Occupation Medal with Japan clasp * Honorable Service Lapel Button WWII * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Marksman Marksmanship Qualification Badge with Machine Gun Bar REFERENCES: Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)), states the ABCMR will decide cases on the evidence of record and it is not an investigative body. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: It is possible that the applicant was promoted to CPL and authorized wear to that rank, there are no military records verifying the promotion. The photos of his uniform do not conclusively confirm that he was promoted to CPL. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016962 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016962 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2