BOARD DATE: 19 September 2017 DOCKET NUMBER: AR20160003324 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING _____x___ ____x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 19 September 2017 DOCKET NUMBER: AR20160003324 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. BOARD DATE: 19 September 2017 DOCKET NUMBER: AR20160003324 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, the son of a deceased former service member (FSM), requests correction of his father's records to show he was discharged in the rank of second lieutenant (2LT) instead of sergeant (SGT). 2. The applicant states current Army records show the FSM received an honorable discharge in 1945 while serving as a SGT. The FSM passed away in 1976 and the Department of Veterans Affairs (VA) supplied a gravestone that reflects the FSM's rank as SGT. The FSM's appointment orders were lost; however, his official military records should be corrected to reflect his proper rank of 2LT at the time of final discharge in 1957. The purpose of this request is to petition for a corrected gravestone and to provide the Army copies of records that may otherwise have been destroyed during the National Personnel Records Center (NPRC) fire in 1973. 3. The applicant provides his birth certificate, the FSM's death certificate, and the FSM's: * WD AGO Form 100 (Separation Qualification Record) * WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) for the period ending 9 December 1945 * DD Forms 256A (Honorable Discharge Certificate), dated 9 December 1945 and 8 December 1948 * Memorandum from Office of the Adjutant General, Headquarters, Department of the Army, dated 14 May 1951, subject: Appointment in the Officers' Reserve Corps Under Section 37, National Defense Act… * WD AGO Form 0650C (Oath of Office Form), dated 14 May 1951 * Honorable Discharge Certificate, dated 25 June 1951 * Letter from Headquarters, Wyoming Army National Guard (WYARNG), dated 3 July 1951, subject: Award of Military Occupational Specialties * Special Orders Number 87, issued by Headquarters, WYARNG, on 4 August 1954 * Honorable Discharge Certificate, dated 13 May 1956 * Letter from Headquarters, WYARNG, dated 27 June 1956, subject: Discharge from U.S. Army Reserve (USAR) * National Archives (NA) Form 13038 (Certification of Military Service), issued on 27 October 1998 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 FSM's complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the NPRC, St. Louis, MO in 1973. It is believed the FSM's records were lost or destroyed in that fire. This case is being considered using the documents provided by the applicant. 3. The FSM enlisted in the Regular Army on 14 December 1942. 4. The FSM was honorably discharged on 9 December 1945 by reason of "convenience of the government (demobilization)." At the time of his discharge, he had completed 2 years, 11 months, and 26 days of active service. The FSM's WD AGO Form 53-55 shows in: * Item 3 (Grade), the entry "SGT" * Item 38 (Highest Grade Held), the entry "SGT" 5. The applicant provides: a. An Honorable Discharge Certificate, dated 8 December 1948, which shows the FSM reenlisted in the Armored Cavalry of the USAR in the rank of corporal (CPL) on 9 December 1945 and was discharged on 8 December 1948. b. A WD AGO Form 0650C, dated 14 May 1951, which shows the FSM was appointed as a 2LT in the Corps of Engineers on 14 May 1951. c. Special Orders Number 87, issued by Headquarters, WYARNG, on 4 August 1954, which show the FSM was transferred to the Inactive Reserve. d. An Honorable Discharge Certificate, dated 13 May 1956, which shows the FSM was discharged in the rank of 2LT on 13 May 1956. e. A letter from the WYARNG, dated 27 June 1956, which shows the FSM was honorably discharged from the USAR in the rank of 2LT on 13 May 1956. REFERENCES: War Department Technical Manual 12-236 (Preparation of Separation Forms), in effect at the time, and Army Regulation 635-8 (Separation Processing and Documents), currently in effect, prescribe the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. These regulations establish standardized policy for the preparation of the separation document. In pertinent part, they state the separation document is a synopsis of the Soldier's most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION: 1. The applicant's request for correction of his father's records to show his rank as 2LT upon his discharge was carefully considered. 2. The evidence of record shows the FSM served a period of active duty service from 14 December 1942 to 9 December 1945. His WD AGO 53-55 accurately reflects his rank at the time of his release from active duty as SGT. The FSM reenlisted in the USAR on or about 9 December 1945, in the rank of CPL, and was honorably discharged on 8 December 1948. 3. The FSM was appointed as a 2LT in the USAR on or about 14 May 1951 and was honorably discharged on 13 May 1956 in the rank of 2LT. Although the applicant contends the FSM's final discharge was in 1957, there is no evidence to support this later date. 4. In reference to the applicant's desire to correct his father's gravestone marker, the Department of Veterans Affairs has primary responsibility in this matter. For informational purposes, the VA Form 40-1330 (General Information Sheet – Claim for Standard Government Headstone or Marker), provides that a copy of the deceased Veteran's discharge certificate (DD Form 214 or equivalent) or a copy of other official document(s) establishing qualifying military service must be provided for a headstone or marker claim. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003324 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003324 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2