ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 7 October 2019 DOCKET NUMBER: AR20170015167 APPLICANT REQUESTS: correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show sergeant (SGT)/E5. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * Applicant Letter – Army Board for Correction of Military Record (ABCMR) * Letter of Support FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20150017075 on 12 April 2017. 2. The applicant provides a letter of support from X_X_, dated 11 May 2017, which states he served in the European theater as a Platoon Sergeant and acting Platoon Leader for the 4th Platoon 2nd Battalion 386th Regiment Division. On 30 March 1945, while in action in the Ruhr (pocket) in Germany, he made the applicant a squad leader in the mortar section. The information was provided to the commanding officer, X_X_. Both parties agreed the applicant should receive the promotion to sergeant and the commanding officer would start that process. 3. On 12 July 1973, a fire destroyed approximately 18 million soldiers’ records at the National Personnel Records Center. It is believed the applicant’s service record were lost in the fire. Fortunately, there are alternate records sources that often contain information which can be used to reconstruct service record data lost in the fire. However, his WD AGO Form 53-55 state: * Item 3 (Grade): PFC * Item 5 (Component): Army of the United States * Item 7 (Date of Separation): 20 September 1945 * Item 22 (Date of Induction): 28 January 1943 * Item 24 (Date of Entry into Active Service): 4 February 1943 * Item 30 (Military Occupational Specialty and No.): Squad Leader 607 * Item 33 (Decorations and Citations): Purple Heart, European-African-Middle Eastern Theater Ribbon with One Bronze Battle Star, Good Conduct Ribbon * Item 37 (Total Length of Service): 2 years, 4 months, and 10 days (Continental Service) and 3 months and 12 days (Foreign Service) * Item 38 (Highest Grade Held): PFC 4. His record is void of documentation which would indicate he was promoted to the rank/grade of SGT/E5. 5. By regulation: a. Army Regulation 615-5 (Enlisted Men – Appointment and Reduction of Noncommissioned Officers and Privates First Class), in effect at the time, prescribed for the appointments of noncommissioned officers and privates, first class will conform strictly to War Department authorization. The effective date of an appointment was the date of the instrument of appointment unless confirmed by oral orders previously issued. When an authorized commander/promotion authority made an oral order and the order was confirmed in writing, the effective date could not be earlier than the oral order as confirmed by the written statement. b. War Department Technical Manual 12-236 (Preparation of Separation Forms), in effect at the time, 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 would show the grade held by the enlisted member at the time of separation and item 38 would show the highest grade held by the enlisted member during the current period of active duty. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions and letter of support was carefully considered. The Board considered the belief that the applicant's records were lost or destroyed in the fires at the National Personnel Records Center. The Board agreed there is insufficient evidence to show that he was promoted past the rank of PFC during the period of service covered by his separation document. Based on a preponderance of evidence, the Board determined that his rank upon separation was not in error or unjust and agreed not to amend the previous Board’s decision. 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. X CHAIRPERSON Signed by: 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. Army Regulation 615-5 (Enlisted Men – Appointment and Reduction of Noncommissioned Officers and Privates First Class (PFC)), in effect at the time, governed the promotion and appointment of enlisted men to PFC and noncommissioned officer grades. The effective date of an appointment was the date of the instrument of appointment unless confirmed by oral orders previously issued. When an authorized commander/promotion authority made an oral order and the order was confirmed in writing, the effective date could not be earlier than the oral order as confirmed by the written statement. 3. War Department Technical Manual 12-236 (Preparation of Separation Forms), in effect at the time, 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 would show the grade held by the enlisted member at the time of separation and item 38 would show the highest grade held by the enlisted member during the current period of active duty. //NOTHING FOLLOWS//