RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 February 2007
	DOCKET NUMBER:  AR20060010995 


	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. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Mr. Hubert Fry

Chairperson

Mr. William Crain

Member

Mr. Dale DeBruler

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 his retired rank and pay grade as Sergeant First Class (SFC/E-7).  

2.  The applicant states, in effect, that he retired on 31 December 1953 in pay grade E-7 and that his rank was changed to Staff Sergeant/E-6 without an explanation.  He also states that he served as a platoon sergeant for three months.  

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States); a DA AGO Form 494 (Retirement Certificate); and a letter, dated 19 January 1984, from the Veterans Administration. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 31 December 1953.  The application submitted in this case is dated 26 July 2006.

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.  Having prior service, the applicant enlisted in the Regular Army on 15 October 1951.  He was promoted to the temporary rank of SFC/E-6 on 28 April 1953.    

4.  On 31 December 1953, the applicant was permanently retired by reason of physical disability in the temporary rank of SFC/E-6.

5.  The enlisted grade structure of the Army on 21 January 1951 was as follows:

	Pay Grade E-7 - Master Sergeant
	Pay Grade E-6 - Sergeant First Class
	Pay Grade E-5 - Sergeant   
	Pay Grade E-4 - Corporal
	
	Pay Grade E-3 - Private First Class
Pay Grade E-2 - Private
Pay Grade E-1 - Private	
 
6.  On 1 June 1958, the top four enlisted grades were restructured as follows:

	Pay Grade E-9 - Sergeant Major
	Pay Grade E-8 - First Sergeant or Master Sergeant
	Pay Grade E-7 - Platoon Sergeant or Sergeant First Class    
	Pay Grade E-6 - Staff Sergeant 

DISCUSSION AND CONCLUSIONS:

1.  At the time the applicant retired, the enlisted grade structure gave the rank title SFC for Soldiers in pay grade E-6.  The evidence of record shows that this was the rank and grade he held upon his retirement.  However, after he retired the enlisted grades were restructured and Soldiers in pay grade E-6 were titled Staff Sergeant and the rank title of SFC for Soldiers in pay grade E-6 ceased to exist.  The applicant’s retired rank is now properly titled Staff Sergeant.

2.  The applicant did retire while holding the rank title SFC.  However, due to automation systems (such as finance or identification card systems) that link the pay grade to the rank title these systems will automatically identify the applicant as a Staff Sergeant.  If the applicant is concerned about his identification card, he should ask his identification card issuing facility if they could/would manually enter his rank as SFC.  He should show them supporting documentation such as his DD Form 214 or this Board action so they may verify he retired as a SFC/E-6. The applicant’s finance records should be amended to show he holds the honorary rank of SFC/E-6.  
  
3.  Evidence shows that the applicant’s records contain an administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section below.

4.  Records show the applicant should have discovered the alleged error now under consideration on 31 December 1953; therefore, the time for the applicant to file a request for correction of any error expired on 30 December 1956.  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

HF_____  _WC____  __DD____  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.

3.  The Board determined that an administrative error in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show he holds the honorary rank of SFC/E-6 and that a copy of this correction be provided to the Defense Finance and Accounting Service – Cleveland Center Retired Pay Operations.




___Hubert Fry____________
          CHAIRPERSON



INDEX

CASE ID
AR20060010995
SUFFIX

RECON

DATE BOARDED
20070213
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
100.0200
2.

3.

4.

5.

6.