IN THE CASE OF: BOARD DATE: 19 February 2021 DOCKET NUMBER: AR20180014569 APPLICANT REQUESTS: the record of her deceased father, a former service member (FSM), be corrected to show he was separated in the rank/grade of staff sergeant (SSG)/E-6 vice private (PVT)/E-1. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) * Certificate of Service * Orders awarding him the Silver Star * Citation for the Bronze Star Medal * Death Certificate * Birth Certificate FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, 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 her father was a World War II veteran whose highest rank was staff sergeant. He was demoted to private, probably due to 51 days lost under Article of War Number 107 as noted in his discharge papers. She was in touch with the National Archives and they were not able to verify the days lost due to a fire during which the records were destroyed. As the days lost could have been due to a minor infraction or stress-related due to combat, she requests that her father's rank be changed from private back to staff sergeant. a. Her father served in the Army during World War II for 4 years, 8 months, and 23 days. His foreign service was 2 years, 8 months, and 20 days. During this time, he fought in various battles including the invasions of Sicily and Normandy. As a Soldier in the First Division, her father fought in one of the first waves in Omaha Beach, D-Day, 6 June 1944. He received the following decorations and citations during his service: (1) Silver Star- For gallantry in action in the vicinity of Traina, Sicily, 5 August 1943. When his company's ammunition supply became practically exhausted during a strong enemy attack, [FSM] delivered much-needed mortar ammunition over a steep, mountainous route exposed to constant sniper and artillery fire. His action materially contributed to the ultimate defeat of the enemy. (2) Bronze Star - For meritorious achievement in connection with military operations against the enemy in the European Theater of Operations from 13 June 1944 to 8 July 1944. By establishing and manning observation posts and skillfully directing his mortar section's numerous fire missions, [FSM] contributed immeasurably to the combat effectiveness of his company during a critical stage of the invasion of France. (3) Good Conduct Medal and Distinguished Unit Badge - she was not able to find the reason he received these awards. b. Whether her father was demoted due to the 51 days lost or another reason, she feels he was a World War II hero and deserves to be remembered for his gallantry and heroism, and not a mistake he made. When she visits his grave, which she often does, it breaks her heart to see private on his veteran's grave marker. Considering the time her father spent in the Army valiantly serving his country and the honors he received, she feels the demotion to private is unjust. She requests the Board change his rank back to staff sergeant. If this request is honored, she asks for a new veteran's grave marker which she would be happy to pay for. Her father was very proud to serve his country and very proud to be a staff sergeant. 2. The FSM'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. 4. The FSM's WD AGO Form 53-55 shows he enlisted in the Regular Army and entered active duty on 5 August 1940. At the time of his separation: * he held military occupational specialty (MOS) 607 (Mortar Gun Crewman) * he was assigned to Company H, 26th Infantry 5. His WD AGO Form 53-55 also shows he departed the continental United States on 2 August 1942 and arrived in the European Theater of Operations (ETO) on 7 August 1942. He departed the ETO on 2 June 1945 and arrived in the continental United States on 12 June 1945. 6. He completed 2 years and 3 days of continental service and 2 years, 8 months, and 20 days of foreign service. He also had 51 days of lost time. His WD AGO Form 53-55 shows he was awarded or authorized: * Expert Marksmanship Qualification Badge with Rifle and Carbine Bars * Good Conduct Medal * Distinguished Unit Badge * Silver Star * Bronze Star Medal * Expert Gunner Qualification Badge (81mm) * Combat Infantryman Badge * American Defense Service Medal * European African Middle Eastern Campaign Ribbon 7. He was honorably separated on 18 June 1945. His WD AGO Form 53-55 shows in: * item 3 (Grade) – "Private" * item 38 (Highest Grade Held) – "S/Sgt" 8. His reconstructed record contains WD AGO Form 371B (Final Payment-Roll) that shows he was separated in the grade of PFC on 21 August 1947. 9. By regulation (War Department Technical Manual 12-236 (Preparation of Separation Forms), in effect at the time 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. 10. By regulation (AR 635-5, which superseded WD TC 12-36), the DD Form 214 (which replaced the WD AGO Form 53-55) lists the rank/grade held by the Soldier at the time of separation. 11. By regulation (AR 635-8, which superseded AR 635-5 and is currently in effect), the DD Form 214 lists the rank/grade held by the Soldier at the time of separation. 12. By regulation (AR 15-185), the ABCMR begins its consideration of each case with the presumption of administrative regularity. It 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. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found relief is not warranted. 2. The Board noted the FSM's lengthy record of combat service during World War II, which included participation in hard-won campaigns and receipt of the Silver Star and Bronze Star Medal, but found insufficient evidence to support a conclusion that his reduction to private was inappropriate or improperly executed. The Board agreed that his reduction was likely related to the 51 days lost under Article of War 107, but noted the available records do not show the reason for the lost days (e.g., absence without leave or incarceration) or the authority under which he was reduced (e.g., non-judicial punishment or a court-martial sentence). Based on a preponderance of evidence, the Board determined the FSM's rank at the time of his discharge was not in error or unjust. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING XX :XX :XX 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, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3 year statute of limitations if the Army Board for Correction of Military Records (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 15-185 (ABCMR) states ABCMR members will review all applications that are properly before them to determine the existence of an error. The ABCMR will decide cases on the evidence of record. Paragraph 2-9 (Burden of proof), states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. It is not an investigative body. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180014569 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1