BOARD DATE: 15 June 2017 DOCKET NUMBER: AR20170000973 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 June 2017 DOCKET NUMBER: AR20170000973 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 during a period of war. 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: 15 June 2017 DOCKET NUMBER: AR20170000973 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 rank at discharge to show technical fifth grade (T/5). 2. The applicant states he held the rank of T/5 during World War II (WWII) before he was demoted due to a mistake he made in letting a fellow Soldier drive a half-track that he was responsible for. He was told that his rank would be reinstated, but the paperwork was not completed before he was honorably discharged. This has bothered him ever since and weighs heavily on his heart. He is now 93 years old and it would mean the world to him if his rank were restored. 3. The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Separation) for the period 17 November 1943 to 1 March 1946. He also provides a letter of support from his three daughters attesting to their father's good character. 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 complete military 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 that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record 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 on 17 November 1943. He entered active duty at Fort Devens, Massachusetts. He completed training and was awarded military occupational specialty 931 (truck driver heavy). He served in the European theater of operations from 18 November 1944 to 15 February 1946 in battles and campaigns in the Rhineland, Ardennes, and Central Europe. He was awarded the European-African-Middle Eastern Theater Campaign Ribbon, American Theater Campaign Ribbon, WWII Victory Medal, and Army Good Conduct Medal. The highest grade he held was T/5 (E-5). He was honorably discharged in the rank of private (PVT) (E-1) on 1 March 1946 due to demobilization. 4. The applicant's WD Form 372A (Final Payment – Work Sheet) shows his final payment on 1 March 1946 was at the rank of PVT (E-1). REFERENCES: 1. Army Regulation 624-200 (Promotions, Demotions, and Reductions – Appointment and Reduction of Enlisted Personnel), section VI (Reductions), in effect at the time, shows a Soldier may be reduced one or more grades by a court-martial or by a commander for inefficiency. For reduction for inefficiency, the Soldier will be informed in writing by the commander giving the reason for the reduction. The Soldier has the option to accept the reduction or to appeal the reduction. If the Soldier is in a grade above E-4, the reduction will be reviewed by a board of officers. Reduction for misconduct under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), is limited to reduction of one grade. 2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant's WD AGO Form 53-55 shows the highest grade in which he served was T/5 (E-5) and he was discharged in the grade of PVT (E-1). There are no records available that document the applicant's reduction to PVT, a reduction of three or four grades, nor is there any evidence to support the applicant's contention that he was to be reinstated in the grade of T/5 (E-5). 2. In the absence of evidence of any error or injustice, an assumption of administrative regularity must be made in the Army's reduction of the applicant to PVT and discharge in the grade of PVT. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170000973 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000973 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2