RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  4 December 2007
	DOCKET NUMBER:  AR20070009465 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Ms. Eloise C. Prendergast

Member

Mr. James R. Hastie

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, correction of his records to show that he reenlisted on 13 January 1950 in the grade of Technician 5th Grade instead of private first class (PFC)/pay grade E-3, as reflected in his personnel record.

2.  The applicant states that upon reenlisting on 14 January 1947, he reenlisted for a period of 3 years in the Regular Army in the grade of Technician 5th Grade. He further states that he was not provided a copy of enlistment record, so he did not know that he could have reenlisted in the grade of Technician 5th Grade.  He also states that Soldiers at the time did not always receive a copy of their discharge and/or enlistment records and that this oversight prevented him from receiving pay in the higher grade and subsequent promotion based on his 14 January 1947 date of rank.  Therefore, he adds, he was not able to compete for promotion with his peers and that his war time record and previous opportunities to get promoted were overlooked, which ultimately impacted his final retired grade of Specialist 6/pay grade E-6 instead of one or two grades higher. 

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation), dated 15 February 1946; a copy of his Honorable Discharge Certificate, dated 15 February 1946; a copy of his WD AGO Form 21 (Enlistment Record, Regular Army), dated 14 January 1947; and a copy of his DA Form 20 (Enlisted Qualification Record), in support of his application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show that he was inducted in the Army of the United States on 24 June 1943.  He was honorably discharged in the grade of Technician 4th Grade on 15 February 1946. 
3.  He reenlisted in the Regular Army on 14 January 1947 for a period of 3 years. His enlistment record shows that he enlisted in the grade of Technician 5th Grade.  He was honorably discharged on 13 January 1950 in the grade of private first class (PF)/pay grade E-3. 

4.  The applicant subsequently had a series of reenlistments in the Regular Army.  He was relieved from active duty on 31 October 1973 and placed on the retired list effective 1 November 1973 in the grade of Specialist 6/pay grade E-6.

5.  Item 33 (Appointment Reductions) of the applicant's DA Form 20 shows the following entries for his grade and date of rank:

	PFC E3	14 January 1947
	CPL E4	21 September 1950
	SGT E5	24 June 1954
	SP5 E5	24 June 1954
	SP6 E6	5 June 1969

6.  Prior to 1 November 1954, the Army used WD AGO Form 20 (Soldier's Qualification Card) to record a Soldier's personnel data.  However the use of the form continued until it became obsolete and was replaced with the DA Form 20.  The DA Form 20 was governed by Army Regulation 600-200 (Enlisted Personnel Management System) and was used effective 1 November 1954.  However, on 1 April 1965, this form was further revised to consolidate the DA Form 20 (1 November 1954) and the DA Form 24 (1 June 1961). 

7.  The Enlisted Grade Structure in the Army has changed several times since 1942.  Prior to 1 September 1942, the Army followed the following enlisted grade structure:

	Grade 1		Master Sergeant
	Grade 2		Technical Sergeant and First Sergeant
	Grade 3		Staff Sergeant and Technician 3rd Grade
	Grade 4		Sergeant and Technician 4th Grade
	Grade 5		Corporal and Technician 5th Grade
	Grade 6		Private First Class
	Grade 7		Private




8.  During the period 1 September 1942 through 1 August 1948, the Army followed the following enlisted grade structure:

	Grade 1		Master Sergeant
	Grade 2		Technical Sergeant
	Grade 3		Staff Sergeant and Technician 3rd Grade
	Grade 4		Sergeant and Technician 4th Grade
	Grade 5		Corporal and Technician 5th Grade
	Grade 6		Private First Class
	Grade 7		Private

9.  During the period 1 August 1948 through 30 September 1949, the Army changed the enlisted grade structure as follows:

	Grade 1		Master Sergeant
	Grade 2		Sergeant First Class
	Grade 3		Staff Sergeant and Technician 3rd Grade
	Grade 4		Corporal
	Grade 5		Private First Class
	Grade 6		Private
	Grade 7		Recruit

10.  There were other changes on 1 October 1949, 21 January 1951, and 1 July 1958.  However, on 1 June 1958, the Army changed the enlisted rank structure to the one we know today, as follows:

	E-9			Sergeant Major (Specialist Nine)
	E-8			First/Master Sergeant (Specialist Eight
	E-7			Sergeant First Class/Platoon Sgt (Specialist Seven)
	E-6			Staff Sergeant (Specialist Six)
	E-5			Sergeant (Specialist Five)
	E-4			Corporal or Specialist Four
	E-3			Private First Class
	E-2			Private
	E-1			Private or Recruit

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records to show that he reenlisted on 13 January 1950 in the grade of Technician 5th Grade instead of private first class (PFC)/pay grade E-3, as reflected on his personnel record.
2.  Evidence of record shows that the applicant did in fact reenlist on 14 January 1947 in the grade of Technician 5th Grade as indicated on both his WD AGO 21 (Enlistment Record) and his Honorable Discharge Certificate.

3.  Upon transferring the applicant's personnel data from the old WD AGO Form 20 to the new DA Form 20 in 1965, the applicant's grade was recorded as "PFC" in Item 33 of the DA Form 20 to correspond with the new enlisted grade structure in the Army.  In 1947, when the applicant enlisted, he was a Technician 5th Grade, or Grade 5.  This grade corresponded to a Private First Class (PFC) after 
1 August 1948, and was ultimately recorded on his DA Form 20 (dated 1965) as such.

4.  This structure change did not impact either the rank title or the pay grade of personnel that had been promoted prior to each change, which is the operative policy in this case.  In other words, unless subsequently promoted under the new system, members who had been promoted to the higher grade prior to the effective date of the change of grade structure retained those rank titles and the pay grades that were applicable prior to the change.  Therefore, the applicant is not entitled to relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__lds___  __ecp___  __jrh___  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.



							Linda D. Simmons
______________________
          CHAIRPERSON


INDEX

CASE ID
AR20070009465
SUFFIX

RECON

DATE BOARDED
20071204
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
100.0000
2.

3.

4.

5.

6.