BOARD DATE: 15 August 2017 DOCKET NUMBER: AR20160001582 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: 15 August 2017 DOCKET NUMBER: AR20160001582 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: 15 August 2017 DOCKET NUMBER: AR20160001582 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 records to show he was separated in the rank of private first class (PFC) instead of private (PVT). 2. The applicant states, in effect: a. He was discharged at a rank lower than what he had earned. He was told that he had been promoted to PFC just before he left the European Theater of Operations (ETO) to return to the United States. b. It was his understanding that privates who served in combat got field promotions (battlefield promotions) to PFC. It was also his understanding that promotion to corporal (CPL) was routine for Soldiers assigned the Browning Automatic Rifle (BAR); however, that didn't happen either. For decades, he understood and was told that there was nothing that could be done. Only recently did he learn that this recourse was available. 3. In a separate, self-authored statement, the applicant states, in effect: a. When in combat, privates were automatically promoted to PFC; however, he was not. He was 18 years old and said nothing. In February or March, they made him an automatic rifleman; he should have been promoted to CPL then. b. After leaving the ETO in June 1946, he was told they had promoted him to PFC. When he arrived at Fort Dix, NJ, he was called in and his superiors asked him why he was wearing PFC rank, since his records showed his rank as PVT. c. At that time, he didn't say anything because he had been away from home for about a year and a half and he thought they might keep him for a week or two to investigate and he wanted to get home. Those days, he saw no one from and could not talk to anyone from home. 3. The applicant provides: * an undated thank you letter from the President * an extract of his WD AGO Form 100 (Separation Qualification Record) * WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge), for the period ending 4 July 1946 * DD Form 256A (Honorable Discharge Certificate), dated 4 July 1946 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 was inducted in the Army of the United States on 18 August 1944, and entered into active duty on that same day. 3. The applicant's WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 8 January 1945 and arrived in the ETO on 15 January 1945. He departed the ETO on 17 June 1946 and arrived in CONUS on 26 June 1946. 4. The applicant was honorably discharged on 4 July 1946, for the convenience of the government, by reason of demobilization. At the time of his discharge, he had completed 1 year 10 months and 17 days of active service. Item 3 (Grade) of his WD AGO Form 53-55 contains the entry "PVT" and item 38 (Highest Grade Held) contains the entry "PVT." 5. The applicant's record does not contain evidence that shows he was recommended for promotion at any time during his period of overseas service between 8 January 1945 and 17 June 1946. 6. The applicant provides an extract of his WD AGO Form 100, which shows he was serving as a PVT on the date of his separation. 7. The applicant's record is void of evidence that shows he was promoted to PFC. In addition, his record is void evidence that shows he was an internee, reported missing in action (MIA), evaded capture in enemy held territory, or reported as a prisoner of war (POW). REFERENCES: 1. Army Regulation 615-5, in effect at that time, prescribed the policy and procedures of appointments and reductions of noncommissioned officers and privates, first class. It made provisions for the promotion of enlisted personnel who had been internees, missing in action, evading capture in enemy held territory, or POWs during WWII. Essentially, major commanders were authorized to promote these individuals one grade, without respect to unit vacancies, who were returned from the above status and who presumably would have been promoted except for “his” interment, evasion or capture, provided that the circumstances surrounding his status were considered honorable 2. The enlisted grade structure of the Army from 1 September 1942 to 1 August 1948 shows, in part, that promotion of enlisted Soldiers progressed from private to PFC and then to CPL. 3. War Department Technical Manual 12-236 (Preparation of Separation Forms), in effect at the time, provided that the appropriate separation form would be prepared for all enlisted personnel separated from the service by reason of discharge, retirement, release from active duty, or transfer to a Reserve Component. This manual provided that item 3 of the WD AGO Form 53-55 would show the grade held by the enlisted member at the time of separation and item 38 would show the highest grade held by the enlisted member during the current period of active duty. DISCUSSION: 1. The applicant's request for correction of his records to show he separated in the rank of PFC instead of PVT was carefully considered. He contends he was told he was promoted to PFC before he left the ETO. 2. The evidence of record shows the applicant served on active duty from 18 August 1944 through 4 July 1946. His Separation Qualification Record confirms he was a PVT during his period of active service. 3. The applicant's WD AGO 53-55 shows he was serving in the rank of PVT at the time of his separation. Despite his contention that he should have benefitted from a battlefield promotion that was promised to him, his record does not contain any evidence that supports this contention, or that shows he was eligible to receive a promotion to PFC, or that his rank should have been that of PFC at the time of his separation. 4. There is no evidence the applicant was promoted to PFC prior to his discharge. In the absence of evidence to the contrary, it appears his rank was properly entered on his separation documents in accordance with the regulatory policy in effect at the time. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011988 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011988 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2