IN THE CASE OF:  

		BOARD DATE:  4 March 2021

		DOCKET NUMBER:  AR20200009573


APPLICANT REQUESTS:  Reconsideration of his previous request for 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
*	Certification of Military Service, issued on 13 January 2020
*	Letter from the National Personnel Records Center 
*	Honorable Discharge Certificate
*	Certification of Birth
*	Letter from his Representative in Congress

FACTS:

1.  Incorporated herein by reference are military records which were summarized in the 
previous consideration of the applicant's case by the Army Board for Correction of 
Military Records (ABCMR) in Docket Number AR20190005905 on 6 September 2019.

2.  The applicant states he was promoted to the rank of SGT in 1948 but, six months 
later, they took the rank away and made him a CPL again, which was an injustice.  He 
contends that they did not take the rank away from other sergeants.  

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.  It is believed his records were lost or destroyed in that fire.  This case 
is being considered based on the documents he provided.  

4.  The applicant's WD AGO Form 53 shows:

*	he enlisted in the Regular Army on 24 September 1946
*	he was honorably discharged on 23 August 1949
*	his rank at the time of discharge was CPL with a date of rank of 7 June 1949
5.  The applicant provided an Honorable Discharge Certificate showing he was 
discharged from the U.S. Army in the rank of CPL.  He also provided a Certification 
of Military Service, issued by the National Personnel Records Center on 13 January 
2020, showing his last grade, rank, or rating was CPL.  

6.  There is no evidence in the applicant's available military records showing he held the 
rank of SGT or evidence showing that if he held the rank of SGT, the circumstances that 
effected his reduction in rank from SGT to CPL.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief 
was not warranted.  The Board carefully considered the applicant’s request, supporting 
documents, evidence in the records and regulatory guidance.  The Board considered 
the applicant’s statement, the record of service.  The Board determine there is no 
evidence to support the applicant’s claim he held the rank of sergeant.  The Board 
determined 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.




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 Board found 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 to amend the decision of the ABCMR set forth in Docket 
Number AR20190005905 on 6 September 2019.

		  
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.  Technical Manual 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.

2.  Army Regulation 15-185 (ABCMR) provides Department of the Army policy, criteria, 
and administrative instructions regarding an applicant’s request for the correction of 
a military record.  

	a.  Paragraph 2-2 states the ABCMR will decide cases on the evidence of record.  It 
is not an investigative body.

	b.  Paragraph 2-9 states the ABCMR begins its consideration of each case with the 
presumption of administrative regularity.  The applicant has the burden of proving an 
error or injustice by a preponderance of the evidence.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20200009573


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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