ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 July 2020 DOCKET NUMBER: AR20190007134 APPLICANT REQUESTS: as the former service member’s (FSM) daughter, that the FSM’s rank be restored to staff sergeant (SSG). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Validation of person eligible to request information on behalf of FSM * Marriage certificate * Birth certificate for applicant * Certificate of baptism for applicant * Notification reflecting married name of applicant * Death certificate * Newspaper article on death of FSM and spouse * Letter to ABCMR from applicant * Letters to the FSM * Letters from the FSM * WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) * Final Payroll 26-E at the Separation Center * Newspaper articles * Photos * Letter to the President of the United States (POTUS) from a retired colonel 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 her father has been through war. He saw many people die right before him. His job was to save lives and the war took a toll on him. She also states that his disagreement with someone was bad enough to get him demoted. a. She stressed how Army Regulations state an enlisted member in a pay grade above E-4 may not be reduced more than two pay grades. This information can be found in Department of the Army Pamphlet No. 27-187 (Military Affairs) dated December 1966. Her father left the military in 1945. She further states she would like to have his grave marker replaced to reflect staff sergeant if reinstated. b. The applicant provided a letter stating she researched her father’s military history by following the addresses on letters he wrote along with the pictures he left when he passed away. She also states she sent newspaper articles about his unit. c. The FSM loved his country and would have stayed in the Army if he hadn’t been demoted. She doesn’t know the reason behind the demotion other than there was a disagreement. d. She read a book entitled “Nobody’s Hero” where a sniper killed people because he could and was never prosecuted. Her dad was a medic and his job was to save lives. He saw horrific things and one indiscretion on his part got him severely punished. She believes he suffered from PTSD. 3. The FSM's complete military records are not available to the ABCMR for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the FSM's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the ABCMR to conduct a fair and impartial review of this case 4. The FSM’s service records were partially reconstructed. A review of those reconstructed documents shows the War Department Form 372 A (Final Payment – Work Sheet) which shows: * he received final pay on 26 September 1945 * his rank is shown as Private (PVT) * he was discharged on 30 September 1945 5. The applicant provides: a. Letter to ABCMR from applicant requesting restoration of her father’s rank to SSG. b. Letters to the FSM from various relatives, his wife and the local chaplain. Letter from the Chaplain at Fort Riley, Kansas, her father’s first duty assignment, indicating they will make sure he attends church c. Letters from the FSM to various relatives making them aware of his life in the military. d. A WD AGO Form 53-55 (Enlisted Record and Report of Separation) which showed the following: * the FSM’s last grade, rank or rating is Private * he served from 25 November 1940 to 26 September 1945 * he received an honorable discharge * his highest grade, rank, or rating held is Staff Sergeant e. Final Payroll 26-E at the Separation Center shows he was given his final pay in the amount of $99.07 and was paid in September 1945 reflecting his rank as private. f. The newspaper articles noted the applicant was in the National Guard, and was one of two who volunteered from his district. The other articles talked about a unit the FSM was a member of that took the Rhine Bridge. The final of the seven articles talks about how they welcomed home the troops from overseas in September 1945. g. Various photos of the FSM in uniform h. Letter to POTUS from a retired colonel requesting assistance. He states (1) the FSM rose to the rank of SSG during his service for his country, but got into a fight and was reduced to private. The applicant does not know the details of the fight. The FSM served six years and received an honorable discharge but at the rank of private. The applicant and her family are asking to have him reinstated to SSG posthumously. (2) The applicant states the FSM was a good family man, to include being a wrestling referee at a school in Wisconsin. As a former officer with over 40 years, he asked for assistance on her behalf. He states that a lot of people got into fights back then, and there was variation in the way military discipline was handled. He states if the FSM had been fined, he would have retained his rank. (3) A copy of the WD AGO Form 53-55 was included with the letter that shows his highest rank held of SSG and that he left the Army at private. An example of discipline in an article from WWII was also provided. He mentioned the applicant was buried in Beaver Dam Wisconsin Cemetery and what a good gift it would be for Christmas if the rank could be restored. i. A letter wherein the National Personnel Records Center informs the applicant that the FSM’s records are not available and may possibly have been destroyed in a fire. j. The WD AGO 53-55 confirms that he entered active duty on 25 November 1940 and served until being honorably discharged on 26 September 1945. It also shows that he served in the Rhineland and Central Europe campaigns of World War II and he was discharged in the rank of private. Item 38 (Highest Grade Held) shows his highest grade held was SSG. 8. See references below. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, a majority of the Board found the requested relief is not warranted. 2. A majority of the Board found insufficient evidence demonstrating that the FSM's reduction in grade was contrary to the regulations in effect at the time. Although the applicant references a regulation published in the 1960s that limited how far a commander could reduce a noncommissioned officer, during World War II commanders were not subject to that limitation. The majority also noted the unfortunate lack of military records documenting the reason(s) for the FSM's reduction to private. By a preponderance of the evidence, a majority of the Board determined the grade the FSM held at the time of discharge is not in error or unjust. 3. The dissenting member of the Board noted the length of the FSM's service and his participation in two campaigns in the European Theater as a medic as a basis for reinstating his rank as SSG. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : 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, 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. The Enlisted Grade Structure in the Army has changed several times since 1942. a. Prior to 1 September 1942, the Army followed the following enlisted grade structure: * Grade 1 – Master Sergeant (M/Sgt) * Grade 2 – Technical Sergeant and First Sergeant (T/Sgt & 1st Sgt) * Grade 3 – Staff Sergeant and Technician 3rd Grade (S/Sgt & Tec 3rd Gr) * Grade 4 – Sergeant and Technician 4th Grade (Sgt & 4th Gr) * Grade 5 – Corporal and Technician 5th Grade (Cpl & Tech 5th Gr) * Grade 6 – Private First Class (Pvt 1st Class) * Grade 7 – Private (Pvt) b. During the period 1 September 1942 through 1 August 1948, the Army employed the following enlisted grade structure: * Grade 1 – Master Sergeant * Grade 2 – Technical Sergeant * Grade 3 – Staff Sergeant and Technician 3rd Grade * Grade 4 – SGT and Technician 4th Grade * Grade 5 – Corporal and Technician 5th Grade * Grade 6 – PFC * Grade 7 – PVT 3. Department of the Army Pamphlet No. 27-187 (Military Affairs) dated December 1966 states under 8.8 (Reduction) * Commanders have authority to appoint to the grade from which reduced and higher commanders, may reduce a member to the next lower grade for misconduct * If the commander is a major or above, he may reduce the member to the lowest or any intermediate pay grade, but a member above E-4 may not be reduced more than two grades in any event * The member may appeal his reduction 4. AR 615-5 (Appointment and Reduction of Noncommissioned Officers and Private, First Class) dated 23 June 1945 indicated in Chapter 13: The action taken to reduce a noncommissioned officer will provide for reduction to the grade of private. If it is desired to reappoint him in a grade lower than the grade from which reduced, separate action is necessary. Enlisted men reduced for cause from a higher permanent grade and immediately reappointed by separate action, will be appointed to a lower permanent grade. Date of rank will be from date of reappointment. 5. Manuals for Court Martial dated 1943 103 Court-Martial – Punishments – Miscellaneous Limitations and Comments h. Loss of rank; loss of promotion; suspension from rank, command or duty. – Loss of rank is accomplished by a sentence directing that the accused be reduced in rank a certain number of files, or that he be reduced in rank to the foot of the list of officers of his grade, or that he be reduced in rank so that he shall be and remain at the foot of the list of his grade for a certain length of time. ABCMR Record of Proceedings (cont) AR20190007134 5 1