ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  6 September 2019

	DOCKET NUMBER:  AR20180011388


APPLICANT REQUESTS:  promotion and bronze service stars

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* self-authored letter

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 never received his rank above that of a private.  Although he was in charge of supplies and authorized to give orders to men for loading.  He was also near a flight path, close to bombings in England and France. 

3.  The applicant provides a self-authored letter, which states:

     a.  He was a member of the 4163 Refrigeration Company during World War Two.  He is a ninety-four year old Veteran of the Normandy Invasion.  He is petitioning for the rank he should have carried and the battle stars that he never received.  He should have at least two battle stars, possibly three. While in England, he was put in harm’s way twice, and in France once.  He carried the rank of private, because of his prejudice captain who took his one stripe.  Yet, he routinely gave orders to those of a higher rank.  Technically, after the first day of his stripe being taken, he had no authority to order Soldiers to work. 

     b.  In England, after he landed, he was positioned on a hill top while the planes flew over bombing around our position. He was put on guard duty and walked twelve hours a night carrying a gun that had only two bullets in it.  He had trained with a fifty caliber rifle.  After he forgot to give them back the two bullets one day, they would not let him guard and would not let him in the kitchen.  Later on the coast of England where bombers flew over his head, he worked as the only supplier of food to Soldiers on their way to the front.  He was given the authority to issue rations without supervision.  He slept in a garage and men would routinely request supplies.  In France, he slept on the ground near a cave that had been sealed and refrigerated to store supplies for the Front Line.  They tried to find his location and routinely dropped bombs in his area.  At this time, he would ask a sergeant to give him men to load the trucks from the Red Ball Express.  He also was given the authority to direct German Prisoners to help him work in the cave.

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

	a.  His 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.  His final payment worksheet and a copy of an index card with his information on it were the only documents not destroyed.

	b.  War Department Form 372A (Final payment Worksheet) shows:

* On 23 January 1946, the applicant received final payment in the rank of private/E-1.
* On 25 January 1946, he received an honorable discharge by reason of Army Regulation 615-365, for the Convenience of the Government. 
* He served two years. 

     c.  The available records do not document the length or location of his foreign service during World War II.  
 
5.  Army Regulation 624-200 (Promotions, Demotions and Reductions – Appointment and Reduction of Enlisted Personnel) states that the authority to appoint individuals to the pay grades of E3 and E4 has been delegated to Company, Troop, Battery and Detachment Commanders.  Appointment to the grades of E5 through E9 is reserved for Regimental, Battle Group, Separate or Detached Battalion Commanders or any similar organization which is authorized a commander in the grade of Lieutenant Colonel or higher and when commanded by a field grade officer.

6.  Army Regulation 600-8-22 (Military Awards) states bronze service stars are worn with various campaign medals, to include the European-African-Middle Eastern Campaign Medal, to denote a Soldier's participation in named campaigns.  


BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief.  The applicant’s contentions were considered; however, there are no military records available that indicate he was subject to error, injustice, or inequity with regard to his rank.

The Board further notes that there are no records available that could serve as a basis for determining how many bronze service stars he may be authorized to wear with the campaign medal he would have earned for service in the European Theater of Operations during World War II.  
The Board encourages the applicant to submit a request for reconsideration if he is able to provide any additional military records, such as his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge).  
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.  Army Regulation 624-200 (Promotions, Demotions and Reductions – Appointment and Reduction of Enlisted Personnel) states that the authority to appoint individuals to the pay grades of E3 and E4 has been delegated to Company, Troop, Battery and Detachment Commanders.  Appointment to the grades of E5 through E9 is reserved for Regimental, Battle Group, Separate or Detached Battalion Commanders or any similar organization which is authorized a commander in the grade of Lieutenant Colonel or higher and when commanded by a field grade officer.  

3.  Section 2 paragraph 4 (Orders) states that temporary appointment of enlisted personnel to all grades above E-3 and permanent appointment to E3 will be announced in orders issued by the appointing authority.  The orders will state whether the appointment is permanent or temporary, show both grade and pay grade, and cite the specific paragraph and subparagraph of the regulation upon which the authority for the appointment is based.

4.  Army Regulation 600-8-22 (Military Awards) states bronze service stars are worn with various campaign medals, to include the European-African-Middle Eastern Campaign Medal, to denote a Soldier's participation in named campaigns.

ABCMR Record of Proceedings (cont)	 AR20180011388


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