BOARD DATE: 15 December 2016 DOCKET NUMBER: AR20160011988 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 December 2016 DOCKET NUMBER: AR20160011988 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 December 2016 DOCKET NUMBER: AR20160011988 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 sergeant (SGT), a rank he previously held, instead of private first class (PFC). 2. The applicant states his company commander wrongfully demoted him from SGT to PFC in late 1943 because he reported his lieutenant for his improper behavior and misconduct. While on the front line in 1944, he was told he would be promoted back to SGT, but he never received the promotion. He spent 191 days on the front line and earned this rank. He fought bravely and acted as a squad leader. When he asked about his promotion, his captain denied ever receiving the promotion orders. This is an injustice that he wants corrected before he dies. 3. The applicant provides: * Special Orders Number 111, issued by Headquarters, 329th Engineer Battalion, 104th Infantry Division, on 21 October 1943 * WD ODB Form 230 (Allotment Form), dated 13 June 1944 * page one 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 15 December 1945 * letter from the Noble County Veterans Service Officer, Caldwell, Ohio, dated 17 May 2016 * correspondence from the offices of his Members of Congress, dated 17 May 2016, 31 May 2016, and 17 November 2016 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 personnel records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed the applicant's records were lost or destroyed in that fire. The records available to the ABCMR were provided in part by the applicant, based on reconstructed records which are sufficient for the Board to conduct a fair and impartial review of this case. 3. The applicant's reconstructed record shows he was inducted into the Army of the United States on 18 November 1942 and he entered active duty on 1 December 1942. 4. The applicant's WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 27 August 1944 and he arrived in the European theater of operations (ETO) on 7 September 1944. He departed the ETO on 27 June 1945 and he arrived in CONUS on 3 July 1945. 5. The applicant was honorably discharged on 15 December 1945 by reason of "convenience of the government (demobilization)." At the time of his discharge, he had completed 3 years and 15 days of active service. Item 3 (Grade) of his WD AGO Form 53-55 contains the entry "PFC" and item 38 (Highest Grade Held) contains the entry "SGT." 6. The applicant's record does not contain evidence that indicates he was recommended for promotion at any time during his period of overseas service between 7 September 1944 and 3 July 1945. 7. The applicant provides: a. A letter from the Noble County Veterans Services Officer, dated 17 May 2016, wherein the Veterans Services Officer reiterates the applicant's request and further states the applicant is not seeking money or benefits, he just wants to correct an injustice. b. Special Orders Number 111, issued by Headquarters, 329th Engineer Battalion, 104th Infantry Division on 21 October 1943, which show the applicant was promoted from the rank of corporal (CPL) to SGT. c. A WD AGO Form 100, which shows the applicant served as a SGT for 18 months as a construction foreman and for 5 months as a heavy truck driver. REFERENCES: 1. Army Regulation 615-5 (Enlisted Men – Appointment and Reduction of Noncommissioned Officers and Privates First Class), in effect at the time, provided that Army commanders could appoint noncommissioned officers and PFCs within their jurisdiction. The instruments of appointment would indicate the specialty for which appointed. All appointments during the war would be temporary and instruments of appointments would so indicate, except when necessary reappointments of staff sergeants, SGTs, and corporals holding permanent warrants to the corresponding technician grades were made. 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, to CPL, and then to SGT. 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 evidence of record shows the applicant served on active duty from 1 December 1942 through 15 December 1945. His WD AGO 53-55 confirms he was promoted to SGT during his period of active service. He states he was reduced from SGT to PFC; however, the specific facts and circumstances surrounding his reduction from SGT to PFC are not available to the Board. 3. His WD AGO 53-55 shows he was serving in the rank of PFC 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 his contention, or that shows he was improperly serving in the rank of PFC, or that his rank should have been that of SGT at the time of his separation. 4. There is no evidence the applicant was again promoted or appointed to SGT 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