IN THE CASE OF:	   

		BOARD DATE:	  10 April 2012

		DOCKET NUMBER:  AR20110017664 


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 promotion to sergeant first class.

2.  The applicant states the commanding officer of his ambulance company had requested direct authority to promote Soldiers because the unit was overworked and undermanned. 

3.  The applicant provides a copy of an 11 July 1952 letter from the Commanding Officer Ambulance Company, 120th Medical Battalion asking for direct authority to promote Soldiers.  He stated that the company was physically remote from headquarters and had successfully evacuated 1,328 casualties during a 6-day period of the previous month.  An attached roster lists the applicant, a corporal, as the platoon sergeant of the 3rd Platoon.

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 complete military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  His records seriously damaged in that fire.  However, sufficient documents are available to conduct a fair and impartial review of this case.

3.  He was inducted and entered active duty on 25 September 1950.  He served as a medical technician in an ambulance company in Korea from 17 December 1951 to 27 August 1952.

4.  He was promoted to corporal (Temporary) on 1 June 1951. 

5.  On 28 September 1952 the applicant was released from active duty with an honorable characterization of service and transferred to the Enlisted Reserve Corps.

6.  The document that the applicant submitted with his application shows that the commanding officer asked for authority to promote the applicant.  However, there is no evidence that such authority was granted.

7.  Special Regulation 615-25-40 (Enlisted Personnel Promotions), in effect at the time, stated the promotion authority to grades E-5, E-6, and E-7 was commanders of regiments, separate or detached battalions or any similar or separate organization for which the grade of lieutenant colonel or higher was authorized and a field grade officer was actually in command.

DISCUSSION AND CONCLUSIONS:

1.  Unfortunately there is no available evidence to show that the applicant was ever promoted to or served in the rank of sergeant first class, or even to the intervening rank of sergeant.

2.  Regrettably, there is no documentation or rationale to support the conclusion that the requested relief is warranted.  



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)                                         AR20110017664





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ABCMR Record of Proceedings (cont)                                         AR20110017664



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