ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 September 2019 DOCKET NUMBER: AR20170012580 APPLICANT REQUESTS: a promotion to corporal/E-4. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Honorable Discharge Certificate, dated 14 May 1945 * WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) * DA Form 4980-5 (Bronze Star Medal) * Letters, National Personnel Records Center, St. Louis, MO, dated 10 March 2014 and 19 October 2017 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 was severely injured in Luxemburg from heavy mortar fire by the German army * he was medevac'd to Walter Reed Army Medical Center where he remained for 1 year to recuperate * he was discharged with the rank of private first class/E-3 since no one would put him in for promotion to corporal/E-4 * he would like to be granted his promotion to the rank of corporal, not for monetary reasons, but for the inscription on his headstone * he asks the Board to consider his advanced age of 94 and process this request 3. 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 that the applicant’s records were lost or destroyed in that fire. However, this case is being considered using reconstructed records, which primarily consist of his WD AGO Form 53-55. 4. The applicant’s Enlisted Record and Report of Separation shows: * he entered active duty on 22 February 1943 and he attained the enlisted rank of private first class/E-3 * at the time of separation, he held military occupational specialty 861 (Surgical Technician) and was assigned to Medical Department, 329th Infantry * he participated in Germany, Normandy, and Northern France campaigns * he received wounds in action on 16 October 1944 in Luxemburg, Germany * he was awarded the European-African-Middle Eastern Theatre Campaign Ribbon with three bronze service stars and a Purple Heart * he was honorably discharged 14 May 1945 * he received an Honorable Certificate of Disability for Discharge, under the provision of Army Regulations 615-361 (Discharge Medical), section I, disability 6. Change Number 7 to Army Regulation 615-5, 30 June 1943 was changed as follows: 11.1 Promotion of certain enlisted men who are missing in action, prisoners of war, or hospitalized due to enemy action. The promotion recommendation of an enlisted man who subsequent to the date of initiation thereof is reported as a prisoner of war or missing in action or is hospitalized as a result of wounds incident to combat will be processed in the normal manner, and if approved by proper authority the enlisted men will be promoted without regard to position vacancy by the appointing authority who had jurisdiction over the individual concerned at the time of status occurred. 7. Department of the Army Technical Manual TM 12-235 (Discharge Procedures and Preparation of Separation Forms) established the policies and procedures for completion and distribution of the WD AGO Form 53-55 (Enlisted Record and Report of Separation) at the time. The regulation states, in pertinent part, that the grade held at time of separation will be entered in Item 3 (Grade) of the WD AGO Form 53-55. BOARD DISCUSSION: After reviewing the application and all evidence, the Board found relief is not warranted. The applicant’s contentions were carefully considered. He requests promotion to CPL since he was hospitalized and no one recommend him for promotion. The Board agreed his record is absent evidence that shows he was promoted to CPL prior to issuing of his separation document. Without evidence showing otherwise, the Board will determined it will not grant relief for a promotion on a separation document based upon assumptions and merit. The Board concluded there was insufficient evidence of an error or injustice which would warrant changing the applicant’s military rank. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 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. 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. Change Number 7 to Army Regulation 615-5, 30 June 1943 was changed as follows: 11.1 Promotion of certain enlisted men who are missing in action, prisoners of war, or hospitalized due to enemy action. The promotion recommendation of an enlisted man who subsequent to the date of initiation thereof is reported as a prisoner of war or missing in action or is hospitalized as a result of wounds incident to combat will be processed in the normal manner, and if approved by proper authority the enlisted men will be promoted without regard to position vacancy by the appointing authority who had jurisdiction over the individual concerned at the time of status occurred. 3. Army Regulations 615-361 (Discharge Medical), in effect at the time, provided no individual with a disability incurred in line of duty will be discharge on certificate of disability until definitive treatment has been completed, or maximum hospital benefit has been attained. 4. Department of the Army Technical Manual TM 12-235 (Discharge Procedures and Preparation of Separation Forms) established the policies and procedures for completion and distribution of the WD AGO Form 53-55 (Enlisted Record and Report of Separation) at the time. The regulation states, in pertinent part, that the grade held at time of separation will be entered in Item 3 (Grade) of the WD AGO Form 53-55. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170012580 3 1