ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
	BOARD DATE:  6 September 2019

	DOCKET NUMBER:  AR20190005905


APPLICANT REQUESTS: Correction of his WD AGO 53 (Enlisted Record and Report 
of Separation Honorable Discharge) to show his rank/grade as sergeant (SGT)/E-5 
instead of corporal (CPL)/E-4.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	WD AGO Form 53, dated 23 August 1949
*	Honorable Discharge Certificate, dated 23 August 1949

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 (ABMCR) 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, during his active duty service he was awarded SGT and feels 
his rank should not have been reduced to CPL due to changes.  It has bothered him 
and he worked hard to obtain SGT.  It has hurt him for years and he feels this act would 
be just, as he earned SGT, served honorably, and reduction only happens to those who 
were in trouble.

3.  The applicant’s complete military records are not available for review.  A fire in 1973 
destroyed approximately 18 million service members’ records at the National Personnel 
Records Center.  The Army personnel records affected dated between November 1912 
and January 1960.  It is believed his records were lost or destroyed in that fire.  
However, his reconstructed record contained a WD AGO 53 to be able to conduct a fair 
and impartial review of this case.

*	24 September 1946 – the applicant enlisted in the Regular Army
*	7 June 1949 – the applicant was promoted to and the highest grade held was the 
rank of CPL
*	23 August 1949 – the applicant was honorably released from active duty
4.  The applicant provides WD AGO Form 53 and an Honorable Discharge Certificate 
showing his rank as CPL.

5.  Technical Manual (TM) 12-235 (Enlisted Personnel Discharge Procedures and 
Preparation of Separation Forms) in effect at the time states item 3 (Grade) of the WD 
AGO 53 will show the grade held at the time of separation and date of rank or 
appointment. 

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, his record of 
service, the belief that his records were lost or destroyed in the fire at the personnel 
records center, the record of promotion in his records and the entries on his separation 
documents.  The Board found insufficient evidence to show that the applicant was 
promoted to SGT at any time during his service.  Based on a preponderance of 
evidence, the Board determined that the rank of the applicant at the time of his 
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

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 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.  TM 12-235 (Enlisted Personnel Discharge Procedures and Preparation of Separation 
Forms) in effect at the time states item 3 of the WD AGO 53 will show the grade held at 
the time of separation and date of rank or appointment. 


ABCMR Record of Proceedings (cont)	 AR20190005905
	
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