RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 January 2007
      DOCKET NUMBER:  AR20060008733


      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. Joyce A. Wright               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. William D. Powers             |     |Member               |
|     |Mr. Roland Venable                |     |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, as the niece of the deceased former
service member (FSM), that the FSM’s retired rank be changed from Staff
Sergeant (SSG/E-6) to Sergeant First Class (SFC/E-7) as stated on his DD
Form 214 (Report of Separation from the Armed Forces of the United States),
dated 30 September 1955, and that he be reimbursed as necessary.

2.  The applicant states, in effect, that the FSM’s DD Form 214, dated
30 September 1955, shows his rank as "SFC" but his retired pay account
statement shows "SSG."

3.  In an additional statement, the applicant states that the FSM passed
away on 15 April 2005, but before he passed away he informed her that he
sent documentation to have his rank corrected.  She called after his death
to find out the status of his request and found out, in effect, that it
could take up to a year to determine the status of his request, and the FSM
was not sure when he sent in the documentation.  She states that she waited
until a year after his death to call again.  She was informed then that
they could not locate where anything had been sent in.  She was not sure
what happened but she wanted to have his rank corrected.

4.  She was appointed as the executrix of his will and provided a copy of
his death certificate.

5.  The applicant provides a copy of the FSM's DD 214, dated 30 September
1955, a copy of his DA Form 199 (Proceeding of Physical Evaluation Board),
a copy of the FSM’s death certificate, and a copy of the FSM’s Retiree
Account statement in support of her request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 September 1955, the date of the FSM's placement on the
Retired List.  The application submitted in this case is dated 12 June
2006.

2.  The FSM's military records show that he enlisted in the Tennessee Army
National Guard (TNARNG) on 21 April 1949, as an infantryman.  He was
promoted to pay grade E-3 on 30 August 1950.  The FSM continued to serve
until he was honorably released from active duty on 22 June 1951, for
immediate enlistment in the Regular Army (RA).

3.  The FSM enlisted in the RA on 23 June 1951.  He was promoted to
sergeant (SGT/E-5) on 10 September 1953.  He continued to serve until he
was honorably released from active duty on 22 June 1954, in the rank and
pay grade of   SGT/E-5.

4.  The FSM reenlisted in the RA on 16 August 1954.  He was promoted to
SFC/E-6 on 25 January 1955.

5.  The applicant provides a copy of the FSM's DA Form 199, dated 23 June
1955, which shows his rank as "SFC."

6.  The FSM's military records contain a copy of his AGPZ Form 27
(Statement of Service – Enlisted Personnel-Retirement), dated 1 September
1955, which shows that his rank as "SFC" and pay grade "E-6" as the highest
grade satisfactorily held.

7.  The FSM's Military records contain a copy of a DD Form 424
(Certification of Information for Retired Pay), dated 2 September 1955,
which shows the rank and grade in which he retired was "SFC (E-6)."

8.  The FSM continued to serve until he was found to be permanently unfit
for duty by reason of physical disability and was placed on the Retired
List effective 30 September 1955, in the rank of SFC and pay grade of E-6.

9.  Item 3 (Grade-Rate-Rank and date of Appointment), of his DD Form 214,
dated 30 September 1955, shows the FSM's rank as "SFC" with a date of
appointment as "25 Jan 55" (25 January 1955).

10.  The applicant provides a copy of the FSM's Retiree Account Statement
which shows his rank as "SSG."

11.  The FSM died on 15 April 2005.

12.  The Enlisted Grade Structure of the Army, for the period 21 January
1951 to 30 June 1955, as depicted below, shows that grade E-6 is an SFC.

      Grade 7--M/Sgt (Master Sergeant)
      Grade 6--SFC (Sergeant First Class)
      Grade 5--Sgt (Sergeant)
      Grade 4--CPL (Corporal)
      Grade 3--Pvt 1st Class (Private First Class)
      Grade 2--Pvt E-2 (Private E-2)
      Grade 1--Pvt E-1 (Private)
DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the FSM was promoted to the rank and pay grade
of "SFC/E-6" on 25 January 1955.  The FSM was placed on the Retired List,
on 30 September 1955, in the rank and pay grade of "SFC/E-6" by reason of
physical disability.

2.  The grade structure depicted during the FSM's period of service shows
that the rank of SFC was equal to service in pay grade of E-6.  However,
the current day standards for a SSG would equal service in pay grade E-6
and a SFC would be shown as serving in pay grade E-7.

3.  The rank of "SSG" on the FSM's Retiree Account Statement, from DFAS,
coincides with the current day standards and requires no change.
Therefore, his records are correct as currently constituted.  There is no
basis to change the FSM's rank from SSG to SFC and the FSM is not entitled
to any reimbursement from the government.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__J ____  __WDP __  ___RSV _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




                                  __      John T. Meixell________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060008733                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070117                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19550930                                |
|DISCHARGE AUTHORITY     |AR 600-450                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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