ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  18 December 2019

	DOCKET NUMBER:  AR20170009760


APPLICANT REQUESTS:  

*	correction of his discharge certificate and military record to show his rank as 
private first class (PFC) instead of private (PVT)
*	adding his service in Korea

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Self-Authored Statements 
*	Military Record Partial Documents

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 (ABCMR) 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 that there is an omission of his time in Korea and he would 
like to correct his rank to PFC.  He saw the inscription on the columbarium as a PVT.  
He recounts his time in the service during the draft, when he went through Fort 
Bragg, NC, shipping out on a Kaiser Troop Ship.  He was sea sick for14-days.  He 
went on to serve in Korea in 1946, 1947, and in 1948.  His daughters are all grown 
and he has one Marine in the family who wants a Korea World War II (WWII) marble 
plaque for his service.

3.  The applicant provides:

	a.  A self-authored statement, dated 3 March 2017, where he located more 
documents and photos of his time in service.  He is 89 years old, and he 
remembered that as an automatic rifleman, he was promoted to a PFC; however, his 
two discharge certificates show his rank as a PVT.  His cremation wishes have 
already been prepaid to make it easier for two of his three daughters, since they will 
fly in from Florida.  Additionally, he states upon arriving as replacements at Chun 
Chon in November 1946, his unit became the 7th Infantry, 32nd Regiment out of 
within months.  One morning he awoke up and was assigned to the 31st Infantry 
Regiment by paper rotation; however, this is not listed in his papers. 

	b.  His military identification card signed by the Chief of the Administrative 
Division shows his rank as PVT it should be PFC.

	c.  His War Department Adjutant General Office WD AGO Form 53, (Honorable 
Discharge Certificate), dated 30 April 1948 shows in:

*	Item 3 (Grade) – “PVT 27 JAN 48”
*	Item 33 (Decorations and Citations) – “World War II Victory Medal, Army 
of Occupation Medal Japan.”  No “Occupied Korea” Medal is listed
*	Item 38 (Highest Grade Held) – “PFC”

	d.  His WD AGO Form 100 (Separation Qualification Record), dated 30 April 
1948, shows he served in the rank of PFC for a total of 17 months as a rifleman and 
an automatic rifleman.  This document also states in “Summary of Military 
Occupations” that as an automatic rifleman, the applicant “performed duties while 
serving with company E, 31st Infantry Regiment, at Chun Chon, Korea.”

	e.  His WD AGO Form 55 (Discharge Certificate), dated 30 April 1948 shows his 
rank as PVT.  The applicant wants to change this record to PFC as well.

	f.  His WD AGO Form 55 issued on 28 April 1952, shows his rank as PVT/E-1.

	g.  The applicant received a Certificate of Service from the Department of 
Transportation, United States Coast Guard, dated 28 June 1984, for 10-years of 
consistent and devoted service as a member of the Coast Guard Auxiliary for the 
period from 1974 to 1984.

	h.  Several photographs of applicant the applicant while in the military.

4.  A review of the applicant’s service record shows:

	a.  The applicant was issued a Certification of Military Service, dated 14 October 
1958, which shows he served in the Regular Army from 25 September 1946 to 
30 April 1948, when he was honorably discharged in the rank of PVT.  

	b.  A letter from the National Personnel Records Center (NPRC) dated, 
28 August 2017, shows 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.

5.  War Department Technical Manual 12-236 (Preparation of Separation Forms) 
provides that the appropriate separation form will 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 states 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.  

6.  Army Regulation 615-5 (Enlisted Men-Appointment and Reduction of 
Noncommissioned Officers (NCO) and PFC) 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 
issued.  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. 

7.  Army Regulation 600-8-22 (Military Awards) states the Army of Occupation Medal 
is awarded for service of 30 consecutive days at a normal post of duty in a qualifying 
location.  Chapter 5, paragraph 8(6) states, “Army of Occupation of Korea between 3 
September 1945 and 29 June 1949, inclusive.  Service between 3 September 1945 
and 2 March 1946 will be counted only if the Asiatic-Pacific Campaign Medal was 
awarded for service before 3 September 1945.  There is no evidence that the 
applicant was awarded the Asiatic-Pacific Campaign Medal before 3 September 
1945 or that he served in the Army before 1946.

BOARD DISCUSSION:

1.  After review of the application and all evidence, the Board determined there is 
sufficient evidence to grant partial relief.  The applicant’s contentions were carefully 
considered.  The Board determined that there was sufficient evidence in the 
applicant record to show he obtained the rank of PFC/E-3 and that there was no 
documentation to show he was reduced in rank prior to his separation.  Therefore, 
the Board determined his record should show his rank as PFC when he was 
honorably discharged.

2.  The Board further determined that pursuant to regulatory guidance, there is no 
evidence that the applicant was awarded the Asiatic-Pacific Campaign Medal before 
3 September 1945 or that he served in the Army before 1946.  The applicant 
enlisted in the Army in 1946.  The Board found insufficient evidence to warrant relief 
in granting him the award of the Army of Occupation of Korea Medal. 






BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

: X	:X	:X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  1.  The Board determined the evidence presented is sufficient to warrant a 
recommendation for partial relief.  As a result, the Board recommends that all 
Department of the Army records of the individual concerned be corrected by issuing 
him a DD Form 214 to show his rank as “PFC” and his grade as “E-3”.

2.  The Board further determined that the evidence presented is insufficient to 
warrant a portion of the requested relief.  As a result, the Board recommends denial 
of so much of the application that pertains to the award of the Army of Occupation of 
Korea Medal.  


	  
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 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) 
provides that the appropriate separation form will 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 states 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.  

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 issued.  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.  Army Regulation 600-8-22 (Military Awards) states the Army of Occupation Medal 
is awarded for service of 30 consecutive days at a normal post of duty in a qualifying 
location.  Chapter 5, paragraph 8(6) states, “Army of Occupation of Korea between 3 
September 1945 and 29 June 1949, inclusive.  Service between 3 September 1945 
and 2 March 1946 will be counted only if the Asiatic-Pacific Campaign Medal was 
awarded for service before 3 September 1945.  

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170009760

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