ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
	BOARD DATE:     29 March 2019

	DOCKET NUMBER:  AR20160015908


APPLICANT REQUESTS: correction of his WD AGO Form 53-55 (Enlisted Record and 
Report of Separation - Honorable Service) to show his grade as private first class (PFC) 
vice Private (PVT)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	WD AGO Form 53-55
*	Honorable Discharge Certificate 
*	WD AGO Form 100 (Separation Qualification Record) 

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states he would like his WD AGO Form 53-55 and any other military 
records updated to show his rank was PFC at the time of discharge, not PVT.  He has 
enclosed a copy of the record with the error as well as his Separation Qualification 
Record (WD AGO Form 100) as evidence of his correct rank as time of discharge.  

3.  The applicant provides: 

	a.  WD AGO Form 100 (Separation Qualification Record) that shows he entered 
active service on 19 April 1946 and he was separated on 21 April 1947.  He held the 
rank of PVT for 2 months and the rank of PFC for 9 months.  His grade at the time of 
separation was PVT.  

	b.  Honorable Discharge Certificate, given at Camp Beale, CA, on 21 April 1947.  It 
shows his rank was PVT and his unit was 6th Special Service Company .

4.  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 his records were lost or destroyed in that fire.  
However, the documents the applicant provided were sufficient to conduct a fair and 
impartial review of this case.

5.  His WD AGO Form 53-55 shows: 

	a.  He was inducted into the Army of the United States on 19 April 1946.  At the time 
of his separation:

*	he held military occupational specialty 7252 (Foreman Warehouse)
*	he was assigned to 6th Special Service Company 

	b.  He served in the Asiatic-Pacific Theater of Operations from 27 August 1846 to 
13 March 1947.  He completed 4 months and 18 days of continental service and 
7 months and 15 days of foreign service. 

	c.  He was honorably separated on 21 April 1947 and issued an Honorable 
Discharge Certificate that listed his rank as "PVT."  His WD AGO Form 53-55 shows in:

*	item 3 (Grade) – "PVT"
*	item 38 (Highest Grade Held) – "PVT"

6.  The regulation in effect at the time provided for entering the rank a member held on 
the date of separation in Item 3 and the highest rank a member held in Item 38 of the 
WD AGO Form 53-55.  

*	His WD AGO Form 100 shows he held the rank of PVT for 2 months in basic 
training and the rank of PFC as a warehouse foreman
*	his WD AGO Form 53-55 as well as his WD AGO Form 100 show he held the 
rank of PVT at the time of separation and the highest rank he held while on 
active duty was PVT
*	his Honorable Discharge Certificate shows he was separated in the rank of PVT

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that 
relief was warranted.  Based upon the information found on the WD AGO Form 100 and 
the applicant’s statement, the Board found enough evidence to justify granting full relief. 



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
Army records of the individual concerned be corrected by amending his separation 
document, WD AGO Form 53-55 (Enlisted Record and Report of Separation - 
Honorable Service), by changing Block 3 to read “PFC”. 
	  
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.



REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  War Department Technical Manual 12-236 (Preparation of Separation Forms) 
provided that the appropriate separation form would be prepared for all enlisted 
personnel separated from the service by reason of discharge, retirement, or release 
from active duty or transfer to a Reserve Component.  This manual stated that item 3 
shows the grade held by the enlisted member at the time of separation and item 38 
shows the highest grade held by the enlisted member during the current period of 
active duty service.

3.  Army Regulation 615-5 (Enlisted Men-Appointment and Reduction of 
Noncommissioned Officers (NCO) and Privates, First Class) governed the promotion, 
appointment of enlisted men to PFC and NCO grades.  The effective date of an 
appointment is the date of the instrument of appointment unless confirmed by oral 
orders previously issues.  When an authorized commander/promotion authority makes 
an oral order and the order is confirmed in writing, the effective date cannot be earlier 
than the oral order as confirmed by the written instrument.   

4.  The Enlisted Grade Structure in the Army has changed several times since 1942.  

	a.  Prior to 1 September 1942, the Army employed the following enlisted grade 
structure:

*	Grade 1 – Master Sergeant 
*	Grade 2 – Technical Sergeant and First Sergeant 
*	Grade 3 – Staff Sergeant and Technician 3rd Grade 
*	Grade 4 – SGT and Technician 4th Grade 
*	Grade 5 – Corporal and Technician 5th Grade 
*	Grade 6 – PFC
*	Grade 7 – PVT

	b.  During the period 1 September 1942 through 1 August 1948, the Army employed 
the following enlisted grade structure:


*	Grade 1 – Master Sergeant 
*	Grade 2 – Technical Sergeant
*	Grade 3 – Staff Sergeant and Technician 3rd Grade 
*	Grade 4 – SGT and Technician 4th Grade 
*	Grade 5 – Corporal and Technician 5th Grade 
*	Grade 6 – PFC
*	Grade 7 – PVT

4.  AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military 
records by the Secretary of the Army, acting through the ABCMR.  The ABCMR begins 
its consideration of each case with the presumption of administrative regularity, which is 
that what the Army did was correct.  The ABCMR is not an investigative body and 
decides cases based on the evidence that is presented in the military records provided 
and the independent evidence submitted with the application.  The applicant has the 
burden of proving an error or injustice by a preponderance of the evidence.  

ABCMR Record of Proceedings (cont)	 AR20160015908

4

1