RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 May 2007
	DOCKET NUMBER:  AR20060015212 


	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.




	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 rank on his DD Form 214 (Report of Separation from the Armed Forces of the United States) be changed from the temporary rank of sergeant (SGT) (T) to staff sergeant (SSG), E-6.  He also requests that his date of birth (DOB) be changed from 7 January 1932 to 27 January 1932.

2.  The applicant states that he was promoted to SSG, E-6 while he was still in Korea and prior to his return to Fort Hood, Texas.  He states that his correct DOB is 27 January 1932.

3.  The applicant provides two photographs and a birth certificate.  

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 28 October 1954.  The application submitted in this case is dated 15 October 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.  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 underwent a pre-induction physical examination on 6 May 1952 and his Report of Medical Examination shows his DOB as 27 January 1932.  

5.  The applicant was inducted into the Army and entered active duty on 29 October 1952 in the rank of private E-1.  His Record of Induction (DD Form 47) shows his DOB as 7 January 1932.  

6.  His Service Record (DD Form 230) shows he arrived in Korea on 12 April 1952.

7.  The applicant’s Service Record shows he was promoted to SGT (T) on 18 January 1954.  

8.  Item 45 (Grade Status) on his Enlisted Qualification Record shows he was promoted to pay grade E-5 on 18 January 1954.

9.  He departed Korea on 9 May 1954 and was reassigned to the continental United States.  There is no evidence available which indicates he was promoted to SSG, E-6.

10.  The applicant underwent a separation physical examination on 26 October 1954.  His Report of Medical Examination shows his rank as SGT and his DOB as 27 January 1932.

11.  The applicant was honorably released from active duty on 28 October 1954. His DD Form 214 shows he was separated in the rank of SGT (T) with a date of rank of 18 June 1954.

12.  His DD Form 214 shows his DOB as 7 January 1932 in item 10.

13.  The applicant provided a copy of his birth certificate which shows his DOB as 27 January 1932.

14.  The applicant also provided a photograph of him wearing insignia consisting of three chevrons with a “rocker.”  

15.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  

16.  Special Regulation 600-60-1 (Personnel Insignia), dated 26 October 1951 and Army Regulation 670-5, dated 17 December 1956 provided guidance on personnel insignia of grade.  The insignia of grade for SGT was three chevrons and a “rocker.”  

17.  The Enlisted Grade Structure of the Army for the period 21 January 1951 to 30 June 1955, 1 July 1955 to 31 May 1958, and 1 June 1958 to present listed pay grade E-5 as SGT.  The rank of SSG, E-6 was not listed until 1 June 1958. 
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was promoted to SSG, E-6 while he was in Korea.  However, his Service Record shows he was promoted to SGT (T), E-5 on 18 January 1954 and his Enlisted Qualification Record shows his pay grade status as E-5 on 18 January 1954.

2.  The two photographs provided by the applicant are noted.  However, these photographs show the insignia for the rank of SGT (three chevrons and a “rocker”).  The rank of SSG, E-6 was not a part of the enlisted grade structure of the Army until June 1958.  

3.  In the absence of orders or other evidence of record, the applicant’s DD Form 214 was properly prepared to reflect his rank as SGT (T) at the time of separation on 28 October 1954.

4.  The applicant’s birth certificate and the available evidence verify that his DOB is 27 January 1932.  However, it appears that the applicant’s DOB is a typographical error on his DD Form 214.  Therefore, it would be appropriate to amend item 10 on his DD Form 214 to show his DOB as 27 January 1932.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 28 October 1954; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 27 October 1957.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

x_____  x_____  x______  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 amending his DD Form 214 to show his DOB as 27 January 1932.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing his rank from 
SGT (T) to SSG, E-6.




________
          CHAIRPERSON


INDEX

CASE ID
AR20060015212
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070510
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
100.0000
2.

3.

4.

5.

6.