IN THE CASE OF: 
		BOARD DATE: 31 January 2023

		DOCKET NUMBER: AR20220007489


APPLICANT REQUESTS:  the applicant requests the Former Service Member's (FSM) 
records be corrected to show he was promoted to sergeant (SGT)/E-5.

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Letter from Applicant
*	Power of Attorney (POA) for Health Care
*	Letter of Commendation
*	Honorable Discharge Certificate and WD AGO 53-55 (Enlisted Record and 
Report of Separation Honorable Discharge)
*	DA Form 1140 (Army Reserve Qualification Availability Questionnaire)
*	Letter of Appreciation
*	Handwritten note
*	Card Period of Active Duty 
*	2 x Requests Pertaining to Military Records
*	Privacy Act Release Form


FACTS:

1.  The applicant, on behalf of the FSM, did not file within the 3-year time frame 
provided in Title 10, U.S. Code (USC), section 1552(b); however, the Army Board for 
Correction of Military Records (ABCMR) 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 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.  

3.  The applicant states, in her application and letter to the Board, in effect:
	a.  The FSM served in World War II and Korea. He received a letter of 
commendation from Captain (CPT) to SGT. She included the letter along with 
other documents for the Board's consideration. The FSM was honorably discharged as 
a Corporal (CPL)/E-4 in 1952. 

	b.  The letter from CPT . should be proof enough the FSM should have been a 
SGT. Her father-in-law, the FSM, is 97 years of age and in poor health. She asks the 
Board if there is any way to expedite this it would be appreciated. The FSM deserves 
this. 

	c.  The applicant had just found the FSM's letter of commendation. The applicant 
was writing the Board to plead with them to please grant the FSM the SGT 
commendation he so deserved back in 1952. She started helping the FSM in 2018. She 
ran into road blocks every time. She contacted Marinette County Department of Veteran 
Affairs (VA), her Congressman, Senator, and the VA Hospital. She was always told 
there was a fire, and everything stopped there. 

	d.  She was finally told by the VA of another form for correction of military records. 
The FSM served in World War II and was called back to serve in Korea. Before his 
honorable discharge as CPL in 1952, CPT  gave the FSM the letter of 
commendation dated 9 March 1952 for promotion to SGT. 

	e.  The FSM is now 97 years of age and in poor health. Nothing would make him 
happier to know he received his SGT stripes finally. The FSM was put on hospice. He 
was here for his country when our country needed him. Can we be here for him now?  
Please honor this Veteran and please expedite this matter as soon as possible. 

4.  The FSM's service records contained the following documents for the Board's 
consideration:

	a.  WD AGO 53-55 shows the FSM entered active duty on 10 September 1946.

	b.  A document entitled Final Payment Work Sheet, which shows the FSM was in the 
rank of Private First Class (PFC). The period of the account was 12 May 1947.   

	c.  An Honorable Discharge Certificate, from an unofficial source, which shows the 
FSM was honorably discharged in the rank of PFC on 29 May 1947. The document also 
contained a WD AGO 53-55 which shows the FSM was in the rank of PFC and the date 
of separation was 29 May 1947.  

   d.  A letter of Appreciation, from an unofficial source, dated 13 September 1951, 
which states the commander wished to take the opportunity to express his appreciation 
to the FSM for the diligence he displayed while carrying out duties in the Maintenance 
and Repair Division of the command. An endorsement from a commander forwarded 
the letter of appreciation to the FSM on 16 September 1951.

	e.  A letter of Commendation, from an unofficial source, dated 9 March 1952, which 
was sent to the FSM, in the rank of CPL, which states, in effect it gave the commander 
 the greatest pleasure that he wrote the letter to show his appreciation for 
the FSM's valuable help during his duty as Maintenance and Repair officer and the 
FSM's general value in the service. The FSM came to work for the commander in March 
1950 as a private and during that time he had worked up to the rank of SGT. 

   f.  A DD Form 214 (Report of Separation from the Armed Forces of the United 
States), which shows the applicant was discharged in the rank of CPL  with a date of 
appointment of 13 August 1951. 

   g.  There is no evidence in the FSM's service record to show he was promoted to the 
rank of SGT. 

5.  The applicant provides the following documents, not previously considered, for the 
Board's consideration:

	a.  POA over the FSM's health care, dated 1 February 2022.

	b.  DA Form 1140 which shows the highest level of education the FSM achieved, the 
names of his dependents, his present job which was clerk, his date of birth, date of last 
physical which was 2 September 1952, and number of months overseas which was 
19 months.

	c.  A hand written note to Constituent Affairs of the applicant's Senator's office 
concerning the FSM's commendation to SGT in 1952. She had found an Armed Forces 
of the United States Card which shows the FSM honorably served in the Army of the 
United States as a CPL. The FSM was discharged after the Korean War. He received a 
letter from CPT  to explain that he should have made SGT and should have been 
discharged at that rank. 

	d.  A card entitled Period of Active duty from 15 September 1950 to 
3 September 1952. 

	e.  Two Requests Pertaining to Military Records, wherein the FSM was requesting 
his records and signed the forms on 12 June 2018 and 26 February 2021 respectfully. 

	f.  A Privacy Act Release form signed by the FSM on 12 June 2018, which states he 
believed there was another discharge form or should be that shows active duty with the 
rank of SGT. 
BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was not warranted. The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered. the 
ABCMR is a board that corrects errors or injustices based on the preponderance of the 
evidence. The Board found no evidence in the records or provided by the applicant to 
show the FSM was recommended for or promoted to SGT during his military service. 

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:

1.  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.

2.  The Board wants the applicant and all others concerned to know this action in no 
way diminishes the sacrifices made by him in service to our Nation.  The applicant and 
all Americans should be justifiably proud of his service in arms.

	 
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 3 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 3-year statute of limitations if the ABCMR determines it would be in the 
interest of justice to do so.

2.  War Department Circular Number 5, dated 8 January 1942, created the ranks of 
Technician third grade (T/3), Technician fourth grade (T/4), and T/5. Initially, the 
Technician ranks used the same insignia as staff sergeant, sergeant, and CPL, but on 
4 September 1942, Change 1 to AR 600-35 (Personnel, Prescribed Service Uniform) 
added a "T" for "Technician" underneath the standard chevron design that 
corresponded with that grade. A technician was generally not addressed as such, but 
rather as the equivalent noncommissioned rank in its pay grade (T/5 as CPL; T/4 as 
SGT; T/3 as SSG).

3.  Army Regulation 615-5 (Enlisted Men-Appointment and Reduction of 
Noncommissioned Officers (NCO) and Privates, First Class) in effect at the time 
governed the promotion, appointment of enlisted men to PFC and NCO grades.  

	a.  The effective date of an appointment is the date of the instrument of appointment 
unless confirmed by oral orders previously issued. When an authorized 
commander/promotion authority makes an oral order and the order is confirmed in 
writing, the effective date cannot be earlier than the oral order as confirmed by the 
written instrument. 

	b.  Technicians are NCOs of the third, fourth, and fifth grades and are appointed for 
specific duties of technical or administrative nature. The appointment of technicians is 
governed by the same regulation applicable to NCOs. The instruments of appointments 
should indicate the specialty for which appointed. All appointments during the present 
war (World War II) will be temporary and instruments of appointments will so indicate, 
except that when necessary reappointments of Staff Sergeants, Sergeant, and 
Corporals holding permanent warrants to the corresponding technician grades are 
made, such appointments as technicians will be permanent and the date of rank of the 
reappointment would be the date of noncommissioned warrant held at the time of 
reappointment.   

4.  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.  

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220007489


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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