ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  26 August 2019

	DOCKET NUMBER:  AR20190003276


APPLICANT REQUESTS: correction of WD – AGO Form 53 – 55 (Enlisted Record and 
Report of Separation Honorable Discharge), with separation date 9 December 1945, to 
show the rank of Technician Fourth Grade (T-4) instead of Private.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	WD – AGO Form 53 – 55, dated 9 December 1945
*	Discharge Certificate  

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, in effect, he only had one infraction during his Army service 
when he returned ten minutes passed curfew in July of 1945.  His company commander 
at the time of his infraction had only been in command for two weeks.  He had not been 
in any combat situations with the unit and did not know anything about the unit or his 
service.  The commander demoted him from T-4 to Private for the curfew infraction.  

a.	The commander stated "harsh discipline would further his career."

b.	The applicant does not believe the punishment equaled the level of infraction or 
offense he committed.

c.	He contends since his discharge the demotion has bothered him greatly and he 
does not receive a pension or any settlements from the Department of Veterans Affairs 
(VA) or the Army.  The restoring of his rank will not amount to any monetary gain for him 
or of any cost to the government.  

d.	 He is now 96 years of age and has been haunted by his demotion and other 
events during his military service.  

3.  The applicant's military personnel service 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 his records were lost or 
destroyed in that fire.  However, there are sufficient documents available for the Board 
to conduct a fair and impartial review of this case.  

4.  On 11 December 1942, the applicant enlisted and entered into the Regular Army on 
22 March 1943.  His WD – AGO Form 53 – 55 shows the following:

*	item 3 (Grade) list his rank as Private
*	item 7 (Date of Separation) shows he was released from active duty on 
9 December 1945
*	item 33 (Decorations and Citations) shows:

*	Good Conduct Medal 
*	American Campaign Medal
*	Victory Medal
*	European African Middle Eastern Campaign Medal

5.  A review of his available record shows a War Department Form 372 A (Final 
Payment – Work Sheet) [reproduced at National Personnel Records Center] list the 
applicant's grade as Private.

6.  The applicant's available record is void of evidence, which shows his rank as T-4 or 
any administrative punishment.

7. Technical Manual 12-236 (Preparation of Separation Forms), in effect at the time, 
provides that the grade held at time of separation was required to be entered for  
WD – AGO Form 53 – 55, item 3 (Grade).

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 belief that 
his records were burned or destroyed in the Records Center fire, his available record of 
service and the rank shown on his separation documents.  The Board found insufficient 
evidence to show the applicant had been promoted or administratively reduced during 
his period of service and the applicant provided no evidence in support of his statement.  
Based on a preponderance of evidence, the Board determined that the rank shown at 
the time of the applicant’s separation was not in error or unjust.

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

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:XXX	:XXX	:XXX	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.  Technical Manual 12-236 (Preparation of Separation Forms), dated April 1945, in 
effect at the time, provides that the grade held at time of separation and date of rank or 
appointment be entered in Item 3 (Grade) of the WD AGO Form 53-55.

ABCMR Record of Proceedings (cont)	 AR20190003276
	
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