ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  11 July 2019

	DOCKET NUMBER:  AR20190002662


APPLICANT REQUESTS: his military records reflect his rank as Sergeant (SGT/E5) instead of Private First Class (PFC/E3).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Letter from Counsel 
* Congressman Z_ Privacy Act Release Statement
* Certification of Military Service 
* Separation Qualification Records 
* Photograph

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 the rank listed in his military records should reflect SGT.  He was a driver for General B_ in Okinawa and was promoted to SGT at the time. 

3.  The applicant provided a memorandum from his attorney showing:

* he is a World War II veteran, currently age 96 and failing in health
* military records show he was discharged as a PFC, but believes he should have been a SGT
* he served as General B_’s driver in Okinawa, Japan between                          September 1944 and June 1945
* General B_ insisted all his drivers be SGT, at this time the applicant was a PFC
* General B_ designated the applicant a Field OCS while he was in his service 
* the applicant completed his service in 1946 and always believes he earned the rank of SGT
* when discharged, the applicant’s Certification of Military Service listed him as PFC; he immediately notified the military of the mistake and was told he would be called to correct it, nearly 73 years later he has not received that call
* the applicant’s wife was buried years ago, her tombstone reads “wife of SGT [applicant]”, as he should now be formally recognized 

4.  The applicant further provided:
* Congressman Z_ Privacy Act Release Statement showing the applicant’s request to correct his military record to reflect the rank of SGT
* Certification of Military Service reflecting the rank of PFC
* Separation Qualification Records showing his rank of SGT and provides a summary of his MOS as Truck Driver Light
* photos of himself in a military uniform with the SGT rank on his sleeve  
5.  A review of the applicant’s records show:

* 24 September 1943 – he was inducted in the United States Army
* 17 February 1946 – WD AGO 5355 (Enlisted Records and Report of Separation Honorable Discharge) shows:

o he was honorably discharged 
o his rank was PFC and his highest rank held was PFC
o his MOS was Truck Driver Light
o he was awarded the Asia Pacific Service Medal
o he departed the U.S. on 18 December 1944, served outside the continental U.S. from 25 December 1944 to 18 January 1946 with an arrival date returning to the U.S. on 7 February 1946
o his total length of foreign service was 1 year, 1 month, and 20 days

* 17 February 1946- War Department Form 372A (Final Payment- Work Sheet) shows:

o his final pay grade was PFC
o he was last paid 30 September 1945 and his foreign service pay was credited for 7 October 1945 to 7 February 1946
6.  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.  

	a.  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. 

	b.  Technicians are NCOs of the third, fourth, and fifth grades and are appointed for specific duties of technical or administrative nature.  The appointment of technicians is governed by the same regulation applicable to NCOs.  The instruments of appointments should indicate the specialty for which appointed.  All appointments during the present war (World War II) will be temporary and instruments of appointments will so indicate, except that when necessary reappointments of Staff Sergeants, Sergeant, and Corporals holding permanent warrants to the corresponding technician grades are made, such appointments as technicians will be permanent and the date of rank of the reappointment would be the date of noncommissioned warrant held at the time of reappointment.   

7.  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.  

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and evidence in the records.  The Board considered the applicant’s statement, the rank on his separation documents and on the final pay worksheet and the separations qualifications record that shows ranks associated with specific duty positions.  The Board thanks the applicant for his service, but determined that there was insufficient evidence to show that the applicant had been promoted or paid at a grade higher than PFC or that he was serving in the rank of SGT at the time of his separation.

2.  After reviewing the application and all supporting documents, the Board found the relief was not warranted.
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.


ADMINISTRATIVE NOTE(S):

Not Applicable



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 (NCO) and Privates, First Class) governed the promotion, appointment of enlisted men to PFC and NCO grades.  

	a.  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. 

	b.  Technicians are NCOs of the third, fourth, and fifth grades and are appointed for specific duties of technical or administrative nature.  The appointment of technicians is governed by the same regulation applicable to NCOs.  The instruments of appointments should indicate the specialty for which appointed.  All appointments during the present war (World War II) will be temporary and instruments of appointments will so indicate, except that when necessary reappointments of Staff Sergeants, Sergeant, and Corporals holding permanent warrants to the corresponding technician grades are made, such appointments as technicians will be permanent and the date of rank of the reappointment would be the date of noncommissioned warrant held at the time of reappointment.   

3.  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.  


ABCMR Record of Proceedings (cont)	 AR20190002662
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