BOARD DATE: 13 July 2017 DOCKET NUMBER: AR20160012394 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: 13 July 2017 DOCKET NUMBER: AR20160012394 BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. ______________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: 13 July 2017 DOCKET NUMBER: AR20160012394 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, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show a battlefield commission from squad leader to platoon sergeant. He also requests a personal hearing if warranted by the Board. 2. The applicant states he received the stripe but no reward. He left the battlefield the day before and he was hospitalized in England. His reward did not follow. He was placed on limited service after his discharge from the hospital and he did not return to his parent unit. He was a combat infantryman during World War II. He served with Company K, 271st Infantry, 69th Infantry Division. He was given a battle commission, but he never received it. If the service stripe that was given to him was other than a commission, he is entitled to another stripe. He is 100-percent disabled from the military and he is 90 years old. He is not asking for anything he does not deserve. 3. The applicant provides Congressional correspondence. 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 in 1973. It is believed his records were lost or destroyed in that fire. However, the documents the applicant provided were sufficient to conduct a fair and impartial review of this case. 3. The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States and he entered active duty on 26 April 1944. At the time of his separation, he held military occupational specialty (MOS) 566 (Duty Noncommissioned Officer (NCO)) and he was assigned to the 14th Major Port. 4. His WD AGO Form 53-55 also shows he departed the continental United States on 15 November 1944 and arrived in the European theater of operations on 26 November 1944. He departed the European theater of operations on 23 May 1946 and arrived in the continental United States on 1 June 1946. 5. He completed 1 year, 6 months, and 17 days of foreign service, and the remainder in continental service. He was honorably separated on 6 June 1946 and issued a Certificate of Disability for Discharge. He was issued an Honorable Discharge Certificate that listed his rank as "Technical Sergeant (T/SGT)." His WD AGO Form 53-55 shows in: * item 3 (Grade) – "T/SGT" * item 38 (Highest Grade Held) – "T/SGT" 6. His WD AGO Form 100 (Separation Qualification Record) shows the following entries: a. Following 4 months of service in MOS 521 (Infantry basic), he served 4 months in the grade of sergeant (Sgt) in MOS 746 (Automatic Rifleman) and 5 months in the grade of staff sergeant (S/Sgt) in MOS 745 (Squad Leader). He then served 12 months in the grade of T/Sgt in MOS 566 (Duty NCO). b. He was assigned to the 14th Major Port and served in Southampton, England, supervising the guards who were handling prisoners of war on the dock. He was separated on 6 June 1946 at the Separation Center, Fort Dix, NJ, in the grade of T/Sgt. 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 a Reserve Component. This manual stated that item 3 shows the grade held by the enlisted member at the time of separation and item 38 shows the highest grade held by the enlisted member during the current period of active duty service. 2. The Enlisted Grade Structure in the Army has changed several times since 1942. Prior to 1 September 1942, the Army employed 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 employed 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. During the period 1 August 1948 through 30 September 1949, the Army employed the following enlisted grade structure: * Grade 1 – Master Sergeant (M/Sgt) * Grade 2 – Sergeant First Class (SFC) * Grade 3 – Sergeant (Sgt) * Grade 4 – Corporal (Cpl) * Grade 5 – Private First Class (PFC) * Grade 6 – Private (Pvt) * Grade 7 – Recruit (Rct) 5. There were other changes on 1 October 1949, 21 January 1951, and 1 July 1958. However, on 1 June 1958, the Army changed the enlisted rank structure similar to the one we know today, as follows: * E-9 – Sergeant Major/Command Sergeant Major or Specialist Nine * E-8 – Master Sergeant/First Sergeant or Specialist Eight * E-7 – Sergeant First Class/Platoon Sergeant or Specialist Seven * E-6 – Staff Sergeant or Specialist Six * E-5 – Sergeant or Specialist Five * E-4 – Corporal or Specialist Four * E-3 – Private First Class * E-2 – Private * E-1 – Private (Recruit or Trainee) 6. According to the Army Center of Military History website, battlefield commissions were approved by the War Department during World War II. From 1941 to 1945, approximately 25,500 men were awarded battlefield commissions worldwide. At the conclusion of the war, a board of officers reporting to the Commanding General of the European Theater stated, "The one sure method of determining whether any individual has qualities which make him a successful leader in combat is to observe that man in combat." Battlefield commissions were often accomplished in order to fill severe shortages of company-grade officers. 7. Army Regulation 15-185 (Army Board for Correction of Military Records) states ABCMR members will review all applications that are properly before them to determine the existence of an error or injustice. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR may, in its discretion, hold a hearing. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. DISCUSSION: 1. By regulation, an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. In this case, the evidence of record and independent evidence provided by the applicant is sufficient to render a fair and equitable decision at this time. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 2. A battlefield commission is awarded to enlisted Soldiers who are promoted to the rank of commissioned officer for outstanding leadership on the field of battle. A battlefield promotion was an advancement in rank that generally occurred while deployed in combat. 3. The available evidence shows the applicant held the grade of S/Sgt and performed duties of Squad Leader in MOS 745 for 5 months. He then held the grade of T/Sgt and performed the duties of Duty NCO in MOS 566 for 12 months. He held the grade of T/Sgt at the time of separation and this is the grade shown on his WD AGO Form 53-55 and WD AGO Form 100. 4. Despite the extreme need for qualified company-grade officers and/or platoon sergeants and leaders at the time, there is no evidence in the available records indicating an appropriate appointing authority recommended the applicant for a field commission or a field promotion. Additionally, during the period 1 September 1942 through 1 August 1948, the next grade higher than the Grade 2 of T/Sgt was that of Grade 1 of M/Sgt or 1st Sgt. 5. The applicant's WD AGO Form 53-55 shows he held the rank of T/Sgt at the time of his separation and the highest grade he held while serving on active duty was T/Sgt. 6. It is possible the applicant performed the duties of platoon sergeant during said period; however, there are no orders or other documentary evidence confirming such appointment or promotion. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012394 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012394 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2