RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 November 2005
      DOCKET NUMBER:  AR20050003093


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas A. Pagan               |     |Chairperson          |
|     |Mr. Eric N. Andersen              |     |Member               |
|     |Mr. Joe R. Schroeder              |     |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, in effect, that his records be corrected to
show he separated in the rank of “Staff Sergeant."

2.  The applicant states that the Army, during the call-up of Reserves
during the Korean War, eliminated the rank of "Buck Sergeant," three
stripes.  After the Korean War, the Army reverted to "Buck Sergeants."

3.  The applicant provides orders dated 9 August 1951; an assignment letter
dated 19 September 1951; a letter dated 7 November 1951; and his Honorable
Discharge Certificated dated 20 July 1952.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 20 July 1952, the date he was discharged from the Army of
the United States.  The application submitted in this case is dated 15
February 2005.

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.  After having had prior service, the applicant was called to active duty
on       30 September 1950 in the rank of Private First Class.

5.  The applicant's DD Form 214 (Report of Separation from the Armed Forces
of the United States) shows he was promoted to Sergeant on 1 July 1951 and
that he was released from active duty, in the rank of Sergeant, on 17
August 1951.  He was honorably discharged from the Army of the United
States on 20 July 1952 in the rank of Sergeant.
6.  From 21 January 1951 through 30 June 1955, the Army used the following
seven ranks and pay grades:

      Grade 7 – Master Sergeant
      Grade 6 – Sergeant First Class
      Grade 5 – Sergeant
      Grade 4 – Corporal
      Grade 3 – Private First Class
      Grade 2 – Private, E-2
      Grade 1 – Private, E-1

7.  From 1 July 1955 through 31 May 1958, the Army used the following seven
ranks and pay grades:

      Pay grade E-7 – Master Sergeant and Master Specialist
      Pay grade E-6 – Sergeant First Class and Specialist First Class
      Pay grade E-5 – Sergeant and Specialist Second Class
      Pay grade E-4 – Corporal and Specialist Third Class
      Pay grade E-3 – Private First Class
      Pay grade E-2 – Private
      Pay grade E-1 – Private

8.  After 31 May 1958, the Army used the following nine ranks and pay
grades:

      Pay grade E-9 – Sergeant Major and Specialist Nine
      Pay grade E-8 – First Sergeant or Master Sergeant and Specialist
Eight
      Pay grade E-7 – Sergeant First Class or Platoon Sergeant and
Specialist
                          Seven
      Pay grade E-6 – Staff Sergeant and Specialist Six
      Pay grade E-5 – Sergeant and Specialist Five
      Pay grade E-4 – Corporal and Specialist Four
      Pay grade E-3 – Private First Class
      Pay grade E-2 – Private
      Pay grade E-1 – Private

9.  From 21 January 1951 through 31 May 1958, the insignia of a Sergeant
consisted of three upward-pointing stripes and one bottom "rocker."  After
       31 May 1958, this insignia identified the rank of Staff Sergeant, E-
6.  The insignia of a Sergeant, E-5 consisted solely of the three upward-
pointing stripes.

DISCUSSION AND CONCLUSIONS:

1.  The Army did not eliminate the rank of "Buck Sergeant".  However, the
insignia of a "Buck Sergeant" was the insignia that is currently used to
identify Staff Sergeants.  The "reversion" was not effective until 1 June
1958 -- 5 years after the Korean War ended, 6 years after the applicant was
discharged from the Army of the United States, and 7 years after he was
released from active duty during the Korean War.

2.  There is no evidence to show the applicant had been promoted to grade E-
6, and the rank of "Sergeant" shown on his DD Form 214 for the period
ending     17 August 1951 and on his Honorable Discharge Certificate dated
20 July 1952 is correct for those dates.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 July 1952; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on         19 July 1955.  The applicant did not file within the 3-
year statute of limitations and has not provided a compelling explanation
or evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__tap___  __ena___  __jrs___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations
prescribed by law.  Therefore, there is insufficient basis to waive the
statute of limitations for timely filing or for correction of the records
of the individual concerned.




                                  __Thomas A. Pagan_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003093                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051122                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]