BOARD DATE: 9 August 2011 DOCKET NUMBER: AR20110003110 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 that her late husband's records be corrected to show his rank as master sergeant (M/Sgt), not technical sergeant (T/Sgt). 2. The applicant states that promotions orders were in for promotion to M/Sgt. 3. The applicant provides copies of the former service member's (FSM's) death certificate, the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge), the FSM's WD AGO Form 100 (Separation Qualification Record), two 1945 letters to the applicant, two air mail envelopes, and a poem. 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. It is believed the applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from documents primarily provided by the applicant. 3. The FSM's WD AGO Form 53-55 shows he served on active duty from 10 April 1943 through 23 December 1945. He was separated in the grade of T/Sgt with the highest grade held as T/Sgt. 4. The FSM's WD AGO Form 100 and his WD Form 372A (Final Payment – Work Sheet) show his grade at separation as T/Sgt. 5. The applicant provides two letters and two envelopes from the FSM in 1945. The first letter, dated 19 October 1945, states the FSM was expecting a promotion and should get "one, two, or three" soon. No signature or grade is listed on this letter. The second letter, dated 22 November 1945, indicates the FSM was expecting to be home in 5 weeks. It is signed with a grade of T/Sgt. The envelope, dated 5 November 1945, shows the FSM as staff sergeant while the 23 November 1945 envelope shows the FSM as T/Sgt. DISCUSSION AND CONCLUSIONS: 1. The record does not show and the applicant has not provided any evidence to show the FSM was selected for or promoted to the rank and grade of M/Sgt. 2. Without official orders showing the FSM was promoted to M/Sgt, it is not appropriate to change his record to show his rank as M/Sgt. 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 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) AR20110003110 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110003110 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1