IN THE CASE OF: 

		BOARD DATE:  14 June 2018

		DOCKET NUMBER:  AR20160008078


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	DENY APPLICATION


2 Enclosures
1.  Board Determination/Recommendation
2.  Evidence and Consideration




		IN THE CASE OF:

		BOARD DATE:  14 June 2018

		DOCKET NUMBER:  AR20160008078


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 his grade be changed to sergeant (SGT)/grade 4 
instead of TEC 5/grade 5 on his WD AGO Form 53 (Enlisted Record and Report 
of Separation, Honorable Discharge) with a date of separation of 
21 August 1947.

2.  The applicant states when he was stationed in Yokohama, Japan in 1947 he 
took the test for SGT.  He passed the test with the second highest score.  He 
expected to be promoted next.  Instead the Soldier who had the third highest 
score got the promotion because his captain said number 3 was being 
discharged and they wanted to discharge him as a SGT.  He agreed, but then 
never got the promotion at discharge.  ___ ____ passed the test in first place and 
was promoted to SGT.

3.  The applicant provides his WD AGO 53.

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 service records are not available for review.  A fire 
destroyed approximately 18 million service members' records at the National 
Personnel Records Center in 1973.  It is believed that his records were lost or 
destroyed in that fire.  The only document available is the WD AGO Form 53 
provided by the applicant.

3.  On 20 March 1946, the applicant enlisted in the Regular Army.  He entered 
the Asiatic-Pacific Theater of Operations on 8 October 1946 and departed on 
2 July 1947.  On 21 August 1947, he was honorably discharged.  Entries on his 
WD AGO Form 53 show in:

*	item 3 (Grade) - "T/5"
*	item 38 (Highest Grade Held) - "TEC/5"

4.  There are no available records showing he was promoted to SGT.

5.  During the applicant's period of the highest enlisted grade was grade 
1 - master sergeant or 1st sergeant and the lowest enlisted grade was grade
7 - private.

REFERENCES:

1.  Technical Manual 12-235 (Discharge Procedures and Preparation of 
Separation Forms), in effect at the time, provides that the grade held at the time 
of separation and the date of rank or appointment will be entered in Item 3 of the 
WD AGO Form 53.

2.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for 
correction of military records by the Secretary of the Army, acting through the 
ABCMR.  The regulation provides that the ABCMR begins its consideration of 
each case with the presumption of administrative regularity.  The applicant has 
the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION:

1.  During the applicant's period of service SGT was one grade higher than 
TEC 5.
2.  Item 3 of the applicant's WD AGO Form 53 shows his grade as TEC 5 at the 
time of his separation.  The date of rank or appointment was not shown.  Item 38 
shows that the highest grade he held was TEC 5.

3.  The applicant's military personnel records are not available due to probability 
that they were destroyed in the fire at the National Personnel Records Center in 
1973.  This includes any records of his standing for the test for SGT.

4.  In the absence of any evidence to the contrary, it must be presumed the entry 
in item 3 of his WD AGO Form 53 showing his grade as TEC 5 is correct.

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.

												 
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.


//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20160008078


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


ABCMR Record of Proceedings (cont)	AR20160008078


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 2