IN THE CASE OF: BOARD DATE: 31 July 2008 DOCKET NUMBER: AR20080008334 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, that her record and separation document (WD AGO Form 53-55) be corrected to show a higher rank. 2. The applicant states, in effect, that during World War II, she served in the military as a translator of the German language and a censor of in and outgoing mail, books, journals, and papers that the German Prisoners of War of Rommel's African Corps produced. She claims to have been informed that she was the only member of the military with her qualifications; however, based on the fact that she was a female, she could not expect to be promoted to a rank higher than private first class (PFC). She states that about 20 years ago, she sent letters requesting some sort of recognition and consideration based on having done a very responsible job successfully; however, based on the time that had passed, her requests were denied. She also states that recently, she heard on the news that Pilipino Soldiers of WWII were finally receiving a pension and recognition for helping American Soldiers; however, after 60 years, there is still no such recognition for her accomplishments as a female Soldier, and she remains embarrassed to explain why she never received formal recognition while serving in the military, and her patriotism should not be worth less because she is a female. 3. The applicant provides the following documents in support of her application: Self-Authored Statement; WD AGO Form 53-55; and Honorable Discharge Certificate. 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 that the applicant’s records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. This case is being considered using reconstructed records, which primarily consist of the WD AGO Form 53 and Discharge Certificate submitted by the applicant. 3. The applicant's WD AGO Form 53 shows she enlisted in the Army and entered active duty on 1 November 1944. Item 3 (Grade) shows she held the rank of PFC on the date of her separation, and Item 38 (Highest Grade Held) confirms PFC was the highest rank she attained and held while serving on active duty. The separation document also confirms she was separated on 19 March 1946, after completing a total of 1 year, 4 months, and 18 days of active military service. The applicant authenticated the WD AGO Form 53 in Item 56 (Signature of Person Being Separated) on the date of her separation. 4. The applicant's Honorable Discharge Certificate also shows she was honorably discharged in the rank of PFC on 19 March 1946. 5. There are no available orders or other documents showing the applicant was ever recommended for or promoted to a grade higher than PFC during her active duty tenure. 6. Technical Manual 12-235, prescribed the policy and procedure for the preparation and distribution of separation documents during the period the applicant served. It stated, in pertinent part, that the rank held on the date of separation would be entered in Item 3 and that the highest grade held while serving on active duty would be entered in Item 38. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that she was not promoted above the rank of PFC because she was a female was carefully considered. However, there is insufficient evidence to support this claim. 2. The applicant's military records were not available for review, however, there is a properly constituted separation document on file that confirms she held the rank of PFC on the date of her separation, and that this was the highest rank she attained while serving on active duty. The applicant authenticated this document with her signature on the date of her separation. In effect, her signature was her verification that the information on the WD AGO Form 53, to include the grade and highest grade held entries, was correct at the time the separation document was prepared and issued. Absent any evidence indicating the applicant was recommended for, or promoted to a grade higher than PFC by proper authority while serving on active duty, there is an insufficient evidentiary basis to support granting the requested relief. 3. 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 applicant has failed to submit evidence that would satisfy this requirement. 4. The applicant and all others concerned should know that this action in no way diminishes the sacrifices she made in service to our Nation. The applicant and all Americans should be justifiably proud of her service in arms. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x ____ ___x____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that 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. ABCMR Record of Proceedings (cont) AR20080008334 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080008334 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1