PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           26 November 2002
	DOCKET NUMBER:   AR2002077451

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Hubert O. Fry, Jr.		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A -  Application for correction of military 
                             records
	Exhibit B -  Military Personnel Records (including
	                  advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that the rank listed in his separation document (WD AGO Form 53-55) be corrected to read sergeant (SGT).

3.  The applicant states, in effect, that he was promoted to SGT on 25 October 1945, however, his separation document lists his rank as corporal (CPL).  He believes because he was only promoted two weeks prior to his discharge, his promotion was not recorded in his separation document.  In support of his application, he provides a copy of his WD AGO Form 53-55, a copy of a Separation Qualification Record (WD AGO 100), and promotion orders to SGT.  

4.  The applicant’s military records were 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 that the applicant’s records were lost in that fire. 

5.  The available evidence also includes a copy of Special Orders Number 143, dated 25 October 1945, issued by Headquarters, 71st Infantry, Camp Chaffee, Arkansas.  These orders include the applicant’s name and show he was appointed to SGT in paragraph 11 (Temporary Appointments).

6.  The available evidence also includes a Separation Qualification Record that was prepared on the applicant during his separation processing.  This 
WD AGO Form 100, shows that the military occupational specialties (MOS) and assignments the applicant served in, which includes 3 months as a private in basic training, and 30 months as a SGT in MOS 610 (Anti-Tank Gunner).  

7.   The WD AGO 53-55 issued to the applicant on the date of his separation, 
10 November 1945, lists his rank in Item 3 (Grade) as CPL.  This document also shows that the applicant served in the European Theater of Operations (ETO) for a little over 10 months, and that he earned the European-African-Middle Eastern Service Medal with 3 bronze service stars, Good Conduct Medal, American Theater Ribbon, Combat Infantryman Badge, and World War II Victory Medal.  

8.  Technical Manual 12-235, which prescribed the policy and procedure for the preparation and distribution of separation documents during the period in question, and contained item by item entry instructions.  The guidance for
Item 3 (Grade) stated the grade held on the date of separation would be entered in this item.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that the rank entered in his separation document should be corrected to read SGT, and it finds this claim has merit.  

2.  The available evidence includes a Separation Qualification Record that confirms that the applicant served in a SGT position for 30 months and promotion orders that confirm he was appointed to the rank of SGT on 25 October 1945, a few weeks prior to his separation on 10 November 1945.  Therefore, the Board concludes that it would be appropriate to correct his separation document to reflect this rank and date of appointment. 

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by amending the 10 November 1945 separation document of the individual concerned to change the entry in Item 3 (Grade) to read SGT; and by issuing the individual concerned a corrected separation document that reflects this change. 

BOARD VOTE:  

_ _SAC  _  __RWA_  ___HOF__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Samuel A. Crumpler    _
		        CHAIRPERSON

INDEX

CASE ID	AR2002077451	
SUFFIX		
RECON		
DATE BOARDED	2002/11/26	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1945/11/10	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	Demobilization	
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.  310	131.0000	
2.		
3.		
4.		
5.		
6.