RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 FEBRUARY 2005
      DOCKET NUMBER:  AR20040006089


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Jennifer Prater               |     |Chairperson          |
|     |Mr. Thomas Pagan                  |     |Member               |
|     |Mr. Kenneth Lapin                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his 11 August 1961 honorable discharge
certificate from the United States Army Reserve be corrected to show that
his pay grade was E-7 and not E-6.

2.  The applicant states that his last discharge reflects “E-6” but it
should be
“E-7.”  He notes that he was promoted to E-7 in 1955.

3.  The applicant provides a copy of his 1955 promotion order, documents
indicating that he began a 3 year enlistment in 1955 and was honorably
discharged in 1958 and reenlisted without a break in service, a copy of his
1958 discharge certificate and a copy of his 1961 discharge certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 11 August 1961.  The application submitted in this case
is dated
4 November 2002.

2.  Title 10, U.S. Code, 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s 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 that the
applicant’s records were lost or destroyed in that fire.  However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

4.  The applicant has been attempting since 2002 to have his 1961 honorable
discharge certificate corrected.  His applications have previously been
returned because insufficient information was available on which to base a
decision.  The documents that he has submitted over the years have now
accumulated to the point that sufficient information is available to
conduct an appropriate review of his request.
5.  Available records contain a March 1946 separation document indicating
that the applicant became a member of the Enlisted Reserve Corp in November
1942 and served on active duty between August 1943 and March 1946.

6.  A 7 August 1957 record of military status notes that the applicant
“enlisted” in the United States Army Reserve (USAR) in September 1955 for a
period of
3 years.

7.  Orders issued by the 328th Engineer Battalion in Des Moines, Iowa, on
31 October 1955 promoted the applicant to the rank of master sergeant,
grade
E-7.

8.  On 16 September 1958, at the conclusion of the applicant’s 1955 service
contract, an honorable discharge certificate was issued which indicated
that the applicant was discharged in the rank of MSgt (master sergeant),
grade E-7.

9.  A 3 October 1958 order, issued by an Army Reserve element in
Minneapolis, Minnesota, indicated that the applicant remained assigned to
the 328th Engineer Battalion following his honorable discharge and
reenlistment without a break in service.  The orders suggest that the
applicant immediately reenlisted following his 16 September 1958 discharge.

10.  A 1 August 1960 letter order from that same Army Reserve element in
Minneapolis indicated that the applicant was being “retained in the 5303
USAR Control Group (Reinforcement) without a change of assignment…per [his]
agreement.”  That letter order addressed the applicant as “Msg” (master
sergeant).

11.  An 11 August 1961 certificate indicates that the applicant was
honorably discharged from the United States Army Reserve effective that
date.  That certificate contains the typed entry “SSC” with the middle “S”
over struck with a typed “F.”  Following the typed rank entry is the type
entry “(E-6).”  It is that entry the applicant’s contends should read “(E-
7).”  Had the applicant been an E-6 the entry would have read SSG (staff
sergeant).

12.  There is no indication that the applicant was ever reduced a pay grade
between the August 1960 letter and the August 1961 discharge.

13.  In 1920 the Army’s grade structure comprised six grades with “first
grade” utilizing the rank “master sergeant” and “six grade” utilizing the
rank “private first


class.”  In 1948 a new “seventh grade” was added which utilized the rank of
“recruit.”  In 1951 the pay grade structure was reversed with the rank of
master sergeant becoming pay grade E-7, sergeant first class (pay grade E-
6), sergeant (pay grade E-5), etc.  In June 1958 grades E-8 and E-9 were
added and the rank titles were restructured and changed once again.
Effective 1 June the rank of master sergeant was associated with pay grade
E-8, sergeant first class with pay grade E-7, and staff sergeant with pay
grade E-6.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was promoted to pay grade E-7
in 1955 and discharged in that pay grade in September 1958.  However, in
view of the fact that the “rank” titles changed in June 1958, the
applicant’s title on his September 1958 discharge document should have read
“sergeant first class” and not “master sergeant.”  However, considering
that the rank titles were changed shortly before the applicant’s September
1958 discharge, it is understandable that the “old” rank title continued to
be used.

2.  At the time of the applicant’s 1961 discharge, pay grade E-7 had
utilized the rank title of sergeant first class for 3 years.  Had the
applicant truly been separated in pay grade E-6, the rank entry on the
discharge certificate would have read SSG rather then the entry SFC.  The
fact that the last character of the typed rank is a “C” rather than a “G,”
supports this conclusion.

3.  Based on the evidence available, it is reasonable to conclude that the
applicant was discharged in 1961 in pay grade E-7.  His discharge
certificate should be corrected accordingly.

BOARD VOTE:

___JP  __  ___TP __  ___KL___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing on his 1961 discharge
certificate that he was discharged in pay grade E-7.




                                  _____ Jennifer Prater________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040006089                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050215                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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