ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE:  1 October 2019
DOCKET NUMBER: AR20190006734


APPLICANT REQUESTS: correction of his WD AGO Form 53-55 (Enlisted Record and 
Report of Separation – Honorable Discharge) to show his rank as technical sergeant 
(TSGT) instead of staff sergeant (SSGT).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

   *	DD Form 149 (Application for Correction of Military Record)
   *	a self-authored statement 
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's complete 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 many of his records were lost or 
destroyed in that fire. However, there were sufficient documents remaining in a 
reconstructed record to conduct a fair and impartial review of this case. This case is 
being considered using reconstructed records, which primarily consist of his WD AGO 
Form 53-55.

3.	The applicant states, in effect, he just read his discharge for the first time and his 
rank is listed as SSGT. He claims he really was a TSGT and that someone must have 
known since they sent him the proper uniform.

4.	The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the 
United States and entered active service on 4 February 1943. At the time of separation, 
he held military occupational specialty (MOS) 821 (Supply Noncommissioned Officer) 
and he was assigned to Company B, 164th Infantry Regiment.



5.	His WD AGO Form 53-55 also shows he completed 6 months and 7 days of 
continental service and 2 years, 3 months and 26 days of foreign service. He was 
honorably discharged on 6 December 1945. Item 3 (Grade) shows "SSGT" and item 38 
(Highest Grade Held) shows "SSGT."  He authenticated this document with his 
signature at the time of separation.
6.	The regulation in effect at the time provided for preparing the WD AGO Form 53-55 
to show in item 3 the rank the member held on the date of separation and in item 38 
and the highest rank the member held.
BOARD DISCUSSION:

1.	The Board carefully considered the applicant’s request, supporting documents and 
evidence in the available records. The Board considered the applicant’s statement, his 
record of service, the belief that his records were lost or burned in the fire at the 
personnel records center, the Grade and Highest Grade Held entries on his WD AGO 
53-55 as authenticated by the applicant and, unfortunately, the absence of evidence to 
show he was selected for or promoted to technical sergeant (TSGT) prior to his 
separation. Based on a preponderance of evidence, the Board determined that the 
“Grade” and “Highest Grade Held” entries on the applicant’s separation document were 
not in error or unjust.

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.


7/29/2020

 X	
CHAIRPERSON
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.	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.