RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 January 2006 DOCKET NUMBER: AR20050001570 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 Ms. Prevolia Harper Analyst The following members, a quorum, were present: Ms. Shirley L. Powell Chairperson Mr. Chester A. Damian Member Ms. Karmin S. Jenkins Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show his promotion to E-7/technical sergeant and award of the Meritorious Unit Citation (correctly known as the Meritorious Unit Commendation). He also requests correction of his records to show his unit as the 14th Coast Artillery Regiment 2. The applicant states, in effect, that his promotion to E-7 should be annotated on his discharge documents. He further states that he is not seeking back pay, awards, or decorations, just an accurate accounting. 3. The applicant provides: a. A self-authored letter, dated 14 April 2005. b. A photograph of a military band. c. An alphabetical roster of the 440th Band. d. Special Orders Number 17, Second Service Command, Halloran General Hospital, dated 17 January 1946. e. A WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) with an effective date of 10 April 1946. f. A DD Form 100 (Separation Qualification Record). COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. The applicant elected the American Legion as his counsel. 2. Counsel states, in effect, that the ABCMR consider the applicant’s case based on the evidence of record and that the ABCMR’s decision reflects sound equitable principles consistent with applicable law and regulations. 3. Counsel provides a summary of the applicant’s case. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error which occurred on 10 April 1946. The application submitted in this case is dated 18 January 2005. 2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file. 3. 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 that the applicant’s records were lost or destroyed in that fire. However, the applicant provided additional documents and there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 4. The applicant’s WD AGO Form 53-55 shows that he enlisted in the Army and entered active duty on 4 December 1942. It further shows that he held the military occupational specialty (MOS) 440 (Bandsman -Trombone). Item 3 (Grade) contains the entry “S SGT”, which indicates he held the rank of staff sergeant on the date he was separated. Item 38 (Highest Grade Held) also contains the entry “S SGT”, which indicates this was also the highest rank he had held while serving on active duty during this period. The applicant authenticated this document with his signature in Item 56 (Signature of Person Being Separated). 5. The applicant’s WD AGO Form 53-55 also shows that he served with the 13th and 14th Coast Artillery Regiment and that he earned the American Campaign Medal, the Army Good Conduct Medal, and the World War II Victory Medal. The Meritorious Unit Citation is not among the awards listed. 6. The Final Payment Worksheet prepared on the applicant in conjunction with his 6 April 1946 separation further confirms that he received his final pay based on holding the rank staff sergeant. The applicant authenticated this document with his signature. 7. The applicant’s WD 100 (Enlisted Qualification Record) contains the entry in item 3 (Grade) “S SGT.” The applicant also authenticated this document with his signature. 8. The enlisted grade structure during the period 1 September 1942 to 1 August 1948 is as follows. Grade 1 Master Sergeant & 1st Sergeant Grade 2 Technical Sergeant Grade 3 Staff Sergeant & Technician 3rd Grade Grade 4 Sergeant & Technician 4th Grade Grade 5 Corporal & Technician 5th Grade Grade 6 Private 1st Class Grade 7 Private 9. There is no indication in the available documents on file in the applicant’s reconstructed record or documents he provided which shows that he was ever promoted to the rank of technical sergeant during his period of active duty service. 10. The applicant’s available military personnel files contains an information reply from the National Personnel Records Center – Records Reconstruction Branch, dated 13 November 1998 in response to the applicant’s request for promotion orders. The applicant was advised that alternate records did not contain the promotion orders he requested. 11. The applicant provided a self-authored letter in which he stated, in effect, that his Certification of Military Service, dated 23 April 2004 shows the 13th C.A. [Coast Artillery] Regiment. The applicant continued that he never heard of this unit or didn’t know if it ever existed. 12. The applicant also stated that he was to fulfill an E-7 position occupied by a sergeant in his former unit; however, the sergeant departed Halloran General Hospital prior to his promotion to E-7. 13. The applicant explained that the final omission from his records is the award of the Meritorious Unit Citation given to the 1258th Service Command Unit (S.C.U.) at Halloran General Hospital, including the 440th ASF Band. 14. Technical Manual 12-235 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. These instructions indicated that the grade a member held on the date of separation would be entered in item 3 and the highest grade he held during the active duty period covered by the report would be entered in Item 38. 15. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II. This record shows that the 1258th Service Command Unit, Halloran General Hospital, was awarded the Meritorious Unit Commendation for the period 1 January 1945 to 31 July 1945. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that he was promoted to the rank of technical sergeant and the supporting documents he provided were carefully considered. However, in order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The evidence provided in this case does not satisfy this regulatory burden of proof. 2. The available evidence includes a properly constituted WD AGO Form 53-55 that was issued to the applicant upon his honorable separation from active duty. This document confirms he held the rank of staff sergeant and that this was the highest rank he held during this period of active duty service. 3. The applicant authenticated this separation document with his signature, which indicates he verified the information it contained, to include his rank of staff sergeant and that the entries in Items 3 and 38 was correct at the time the document was prepared and issued. He also signed his Final Payment Work Sheet for this period of service, which shows his final pay was based on his rank of staff sergeant. 4. The applicant contends that his records should be corrected to show that he only served with the 14th Coast Artillery Regiment. However, the available records do not contain enough information to determine whether an error was made by placing both regiments on the applicant’s WD AGO Form 53-55. Therefore, there is insufficient evidence which would justify removing either of these entries. 5. Evidence of record shows that the applicant’s unit was awarded the Meritorious Unit Commendation. Therefore, his records should be corrected to show this award. 6. Records show the alleged error or injustice now under consideration should have been discovered on 7 August 1945. However, the ABCMR was not established until 2 January 1947. Therefore, the time to file a request for correction of any error or injustice expired on 1 January 1950. Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file in this case. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___SLP _ ___CAD_ __KSJ__ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting his records to show award of the Meritorious Unit Commendation. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correction of his WD AGO Form 53-55 to show his promotion to the grade of technical sergeant and removal of the 13th Coast Artillery Regiment from his separation documents. _____Shirley L. Powell____ CHAIRPERSON INDEX CASE ID AR SUFFIX RECON YYYYMMDD DATE BOARDED 2006/01/18 TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION GRANT REVIEW AUTHORITY Mr. Schneider ISSUES 1. 2. 3. 4. 5. 6.