BOARD DATE: 12 December 2017 DOCKET NUMBER: AR20170002734 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: 12 December 2017 DOCKET NUMBER: AR20170002734 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: 12 December 2017 DOCKET NUMBER: AR20170002734 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 Certification of Military Service to show he was discharged in the rank of staff sergeant. 2. The applicant states: a. His discharge papers mistakenly list him as a private when he was actually a staff sergeant. b. He was told the corrected discharge papers would be sent to him, but they never arrived. c. The discharge papers listing him as a private were typed in error. d. He feels this error must be corrected before he dies. He is 95 years old and disabled. e. He feels his service to this country should be honored by having this correction made. 3. The applicant provides a self-authored letter, dated 1 December 2016, and his Certification of Military Service, dated 9 May 1974. 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 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. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. 3. The applicant was inducted into the Army of the United States on 18 February 1943. 4. The available evidence contains the following documents, all of which show his rank as private: * War Department Form 372A (Final Payment – Work Sheet), dated 19 February 1946 * Request for Army Information, dated 25 April 1946 * Special Court-Martial Orders Number 26, dated 5 October 1944 * WD AGO Form 451 (Descriptive List of Absentee Wanted By The United States Army) * Charge Sheet, dated 13 March 1945 * Clinic Admission Slip, dated 23 May 1943 5. The applicant was honorably discharged on 20 February 1946. He provides a Certification of Military Service issued to him on 9 May 1974 that shows his rank as private. He also provides a self-authored letter, dated 1 December 2016, in which he states he was a staff sergeant at the time of his discharge and he signs this letter using this rank. 6. A review of the available evidence fails to show the applicant obtained the rank of staff sergeant while he was in the Army. REFERENCES: Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that 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 contentions have been noted. 2. However, a review of the available evidence fails to show the applicant obtained the rank of staff sergeant while he was in an active Army status. 3. His War Department Form 372A, dated 19 February 1946, shows his rank as private. He was discharged from the Army on 20 February 1946 and his Certification of Military Service shows his rank as private. 4. Without evidence to the contrary, it must be presumed the rank shown on his Certification of Military Service is correct. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170002734 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170002734 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2